Web Editors, Inc. Terms & Conditions & Privacy Policy

Web Editors Terms and Conditions

Updated 07/05/2011

By using any Web Editors, Inc. (“Web Editors”) services as further described below, and all hardware and software operated in connection therewith (“System”), you (“you”, “your” or “Client” or “Customer”) agree to these terms and conditions. These terms and conditions, together with any operating rules, policies, price schedules, software license agreements, or other supplemental documents expressly incorporated herein by reference and published from time to time by Web Editors (collectively, the “Terms & Conditions”) constitutes the entire agreement between Web Editors and you regarding Web Editors Services, and supersedes all prior agreements between the parties regarding the subject matter of the Terms & Conditions. If you order or use any Web Editors Services or visit any Web Editors web sites (“Site”), you accept these Terms & Conditions so please read them carefully. In addition, when you use any current or future Web Editors Services whether or not included in our Site, you will also be subject to our current Terms & Conditions.

Web Editors shall expect the Client to carry out sufficient research before proceeding with any Service provided by Web Editors. This will include checking that the website/idea/business will operate legally. Client unconditionally guarantees that the text, graphics, photos, designs, trademarks, or other artwork furnished to Web Editors for inclusion on the web pages or marketing materials are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Web Editors from any claim or suit arising from the use of such elements furnished by the Client.

Web Editors requires that all active Clients review contact data, and make any changes necessary to ensure accuracy on a yearly basis by logging into their account at http://www.webeditors.com/client-portal/.

DEFINITION OF OUR TERMINOLOGY:

1. A ‘Project’ is any work undertaken or service provided by Web Editors for the Client on their request and as described in our confirmation order email to that Client.
2. A ‘Client’ is a person, persons, business or organization using any of the services provided by Web Editors
3. ‘Live Mode’ means the date the website is available on the Client’s chosen domain.
4. ‘Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
5. ‘Content’ is both text and images that the Client requires on the entire website.
6. ‘Maintenance’ is the on-going and sometime sporadic support required to change the content of the current web site files. An example of this is when data, such as rates, photos or any current scripting changes, are required to perform an update. The files, in turn, will need to be modified to reflect such changes. This may also include adding web pages, content, or additional products. This excludes any marketing services or website redesigns.
7. ‘Static Web Pages’: In summary, visitors of static web pages must settle for whatever content the website owner has decided to offer at that time with no control over it.
8. ‘Dynamic Web Page’: A dynamic web page is one that changes or customizes itself frequently and automatically, based on certain criteria, but not limited to information received from databases or web forms.
9. ‘Content Specifics’ is Content for use on Client’s website word for word – Client will provide Web Editors with the web copy verbatim as it will appear on the website with images for placements. No content assistance or edits will be made.
10. ‘Content Assistance’ is where Web Editors, Inc will only edit up to 20% of Content provided by Client. Client shall provide Web Editors with no less than 80% of the Content that is for use on Client’s website. Web Editors will make grammatical and punctual revisions where necessary for content readability and flow along with some images for placement. Web Editors will also provide up to remaining 20% of Content based upon the no less than 80% provided by Client.
11. ‘Content Development’ is where Client shall provide Web Editors with no less than 20% of Content. Web Editors will then use this provided copy for research generation of the remaining 80% of Content for use on Clients website.

CLIENT SUPPORT

Web Editors shall provide support via email and phone. Support is available Monday through Friday 9 a.m. – 6 p.m. P.S.T. at 951-506-0926. Web Editors may not be available to answer Client’s calls immediately; Web Editors may require scheduling a conference call to discuss Client needs as Web Editors often has multiple projects in progress simultaneously in order to make Web Editors more efficient as a company. All email communication shall strictly be sent to support@webeditors.com as Web Editors cannot guarantee that emails sent to our team individually will be responded to appropriately. The Client understands, agrees and acknowledges that all to-do’s, tasks, or support requests will be logged by our help desk support system at support@webeditors.com. This will insure a timely response from Web Editors support team and a guarantee that Web Editors can take care of Client accordingly. The Client understands, agrees and acknowledges that Web Editors primary work hours are from 9am to 6pm PST Monday through Friday – excluding public and federal holidays. All email tickets sent to support@webeditors.com will be responded to as quickly as possible in the order in which they are received. If Client updates support tickets with additional information after being initially submitted or if Clients updates the ticket prior to Web Editors initial response, it resets the overall response time. Client may call 951-506-0926 for support and Web Editors can open an email ticket on behalf of Client or immediately fix the issue if available. Web Editors will acknowledge all email support tickets within 2 working days. Client will be provided with a 24 Hour hotline Telephone number for emergencies. Emergencies are billed at $100.00 per hour with a 1 hour minimum – no discounts apply to emergencies. Calls made to our office are monitored and recorded.

OPEN SOURCE SOFTWARE

The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation, configuration and customization time. Open Source Software is not owned by Web Editors or the Client.

LINKS

Web Editors shall place a small text link(s) on the footer of a Clients website that simply states the website was serviced by Web Editors and links to our company website. Client agrees that said text link(s) will remain visible on the site for as long as its current design, maintenance or marketing work is or has been performed by Web Editors.

DNS, DOMAINS & EMAIL

It is not Web Editors responsibility to provide support for email, DNS or domain registrations. Client shall be responsible for contacting third party to request support for such services as it is out of Web Editors realm of services. However, Web Editors can assist with these services under our on-demand maintenance/consultation services for an added fee.

WEB DESIGN & DEVELOPMENT SERVICES

Web Editors agrees to provide Client with Web Design Services, and will use its best efforts to build and support Client’s Site as described on our  Site using industry standard components such as our customized CMS, Shopping Cart software, open source technology, JavaScript, XHTML, HTML, XML, CSS, PHP, MySQL databases, and professional graphic design services excluding flash technology – we do not develop in it but utilize it for YouTube or other provided sources that are compatible with Apple devices.

Web Editors, Inc. will only commence work on a Web Design Project after receipt of a non refundable 50% deposit of the quoted Project is collected. Web Editors will also require 25% payment upon overall approval of the home page design concept. The final 25% payment is to be made on completion of the website. The website will be switched to Live Mode once the Clients remaining balance is paid in full.

Web Editors shall input up to 50 products for eCommerce websites. Client must provide product images and product Content, descriptions, information and attributes. Any products that exceed a total count of 50 shall require Client to provide product Content in an excel sheet and additional fess shall apply. A Microsoft Excel spreadsheet template will be furnished to be populated by Client, once populated correctly; Web Editors or Client can perform a bulk product imports.

Web Editors offers three options for content development of website design services:

1. (Default selection for all website packages) 100% Content delivered by Client. Client provides Content for website word for word along with photos or clip art – Content specifics, not Content direction. Web Editors is not responsible for typos.
2. For an added fee – Client provides 80% Content specifics and Web Editors completes the rest of the Content for the website.
3. For an added fee – Client provides 20% Content direction and Web Editors will finalize the remaining Content for the website.
4. In all cases, Content must be delivered to Web Editors in a Microsoft Word or compatible format and photos sent via email to support@webeditors.com.

Web Editors will provide the Client with an expected completion date for the Web Design Project (live on the internet) if requested. Web Editors will endeavor to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of Web Editors is purely an estimate. The deposit paid to Web Editors covers the cost of design work carried out as well as any admin work and communication with Web Editors The deposit is non refundable. Web Editors owns all the design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. Images will be purchased by Web Editors for the Client, unless the images have been supplied by the Client. Images purchased by Web Editors are licensed only for use on the client website.

It is important for the Client to keep in contact with Web Editors throughout the entire Project. If a Client does not make contact for 2 weeks we will make up to 5 attempts to contact the client by email using the email address specified when the client placed their order. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. A $75 fee shall apply if the client later returns and wishes to continue work on their project.

Contractor is committed to its clients, processes and client processes. Contractor realizes there are circumstances that warrant change to the current project – and these vary by client. Web Editors is committed to working through these changes with Client so that the project can be successful. Any increase or decrease in scope will affect the overall project cost. Like many businesses, Web Editors often has multiple projects in progress simultaneously and sudden or significant changes to Client’s timeline may cause a shift to other project timelines.

If Client expands the scope of services required or additional time is required because of continuing changes by Client or other work specified by Client, the price will be increased on a per hour basis and charged by the agreed hourly rate as specified in our on demand maintenance services below.

DESIGN REVISIONS

The following applies for both Web & Logo Designs unless otherwise mentioned.

The Client is allowed 1 design concept based on the information provided by the Client from our questionnaire(s). The Client is allowed to make unlimited revisions to the initial design concept until Client is satisfied. The unlimited website design revisions offered by Web Editors come to an end-of-life (EOL) when the client makes the second payment of 25% after the 50% deposit. Website Design changes beyond this point are subject to additional charges.

1. Client understands that the  design concept for websites is a static and motionless version of the website.
2. All concepts are delivered in .JPG format for review.

If you change your mind about any minor aspect of your design, be it a color change, a font change, use of shadow etc., or any other minor change once you have actually had your design delivered; this is called a revision. You are allowed unlimited revisions. If you have accepted the design and then require a change later on we do charge a fee for that.

What is NOT a design revision is if you want to have an entirely new designed started by scratch. This can be charged at a nominal fee of $789.95 for websites and $349.95 for logos. (depends on whether we missed the mark or you have changed your mind).

ON-DEMAND WEBSITE MAINTENANCE SERVICES

After web design project launch, Client shall receive 3 hours “use it or lose it” post delivery support for the first month and one half hour per month for the following 11 months thereafter. These hours may be used for phone consultation services or web design services. Maintenance hours are excluded in any marketing services. In addition:

1. If Client is on an active SEO marketing plan of $499.95/month or more, the Client shall receive an additional 1 “use it or lose it” hour per month, anything else in excess shall be billed at $75.00/hour.
2. If Client is on an active SEO marketing plan of $1,499.95/month or more, the Client shall receive an additional 3 “use it or lose it” hours per month, anything else in excess shall be billed at $65.00/hour.
3. If Client is not currently on a recurring SEO plan, rates for on-demand maintenance work shall be billed at $85.00/hour.
4. In all billable maintenance cases, maintenance is billed at a minimum of 1 hour with 15 minute increments thereafter and is invoiced on the 1st of the following month for the previous months usage.

The following volume discounts shall apply to all maintenance services:

1. Monthly billable hours over 10 hours or more shall receive a 10% discount
2. Monthly billable hours over 20 hours or more shall receive a 15% discount

The expected time to complete maintenance services provided by any employee of Web Editors is purely an estimate as we charge an hourly rate.

SEARCH ENGINE OPTIMIZATION SERVICES

Web Editors agrees to provide Client with natural advertising/search engine optimization, and will use its best efforts to promote and manage Client’s SEO program as described on our  Site using Web Editors proprietary search engine optimization methodology utilizing, but not limited to: Article Marketing, Blog/Forum Marketing, Competitors Inbound Link Analysis, Directory Submission, Search Engine Submission, Enhanced Directory Submission, Local Directory Submission, Image Optimization, Keyword Research, Link Development, Off-Page Optimization, On-Page Optimization, Press Releases, Title & Meta Tag Manipulation, W3C Validation, XML & HTML Sitemaps, Local Map Marketing and more.

Client Acknowledgment with respect to SEO Services: 1) Web Editors has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Client site may be excluded from any directory at any time at the sole discretion of the search engine or directory. 2) Top Major Search Engines and Search Results may change without notice. 3) Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, Web Editors does not guarantee #1 position or consistent top 10 positions for any particular keyword, phrase or search term. 4) Some search engines and directories may take as long as 2 to 4 months, and in some cases longer, after submission to list you site. 5) Occasionally, search engines will stop accepting submissions for an indefinite period. 6) Client may be charged an additional fee for re-constructing Client’s Web Site if ANY third party website changes occur, but not limited to: updates, modifications, or maintenance that adversely affects the search engine rankings of the Client’s Web site. 7) Web Editors is not responsible if the Client overwrites, deletes or corrupts ANY work completed by Web Editors. Any SEO services 299.95/month and under can be canceled by Client at any time by written notice via regular mail.

Client understands and agrees that SEO Services of $499.95/month and over are locked in for a minimum duration of 6 months and automatically renew on anniversary date:

1. After the 6 month duration is fulfilled, SEO Services shall automatically renew to a monthly basis.
2. Client may cancel SEO Services after the 6 month duration is met with a 30 day written notice via regular mail. Final month of service is prorated.
3. At any time before the SEO 6 month duration is met, Client shall agree to pay an early termination fee equal to the monthly fee of the SEO Package to become eligible to cancel SEO Services. Final month of service is not prorated.

Web Editors will install Google Analytics on every page of Clients site. This allows Web Editors to measure Client marketing ROI as well as track daily and monthly traffic. We will also configure our proprietary Web Editors SEO monthly reports that will show the overall traffic performance in the search engines based on the keywords used in your marketing plan.

Web Editors shall send a comparison search engine and traffic overview report every 30 days to Client via email. Reports shall include a snapshot of Google Analytic along with the Web Editors SEO monthly report. Each report will allow the Client to open a time for a phone or in-house consultation if desired.

BACK UP SERVICES

The Client is solely responsible for any information or files relating to its website. In all cases, it is the Clients responsibility for keeping password secure with 3rd party hosting providers. Client shall be solely responsible and liable for any activity that occurs under Clients account with 3rd party hosting provider. If Client loses or changes their password with 3rd party hosting provider, Web Editors may not be able to perform services. Once Clients website is published to the Internet, Client is responsible for performing its own website data backups unless Web Editors website backup services are activated. However, we do provide quarterly backups of any website created by Web Editors for the first year.

If Client elects to our paid Website Backup Services – Web Editors shall maintain and guarantee two weekly backups of web site and database(s) files (does not include backup of email stored on web server).

1. Client agrees that Web Editors may copy and store duplicates of the backup data on other servers for the purpose of redundancy of the Service. This Service may collect non-personally identifiable information that resides on Client’s computer/server, including, but not limited, statistics relating to how often backups are started and completed.
2. Fees:
   • $39.95/month for 0-20 GB of disk space
   • $99.95/month for 20.1-100 GB of disk space
   • $199.95/month for 100.1-200 GB of disk space
3. Monthly fee may fluctuate based on disk usage – most websites fall under 15GB of storage. Client may request to restore files or databases from backup at any time; a $65.00/hour fee may apply depending on complexity of restoration. All backup software and configuration files installed by Web Editors remain the property of Web Editors, it may not be transferred or ported and upon termination must be deleted.
4. Web Editors shall notify Client if any increase of disk usage is required to perform said services, in which case will increase the monthly service fees as stated above, Client will then have the option to verbally agree to an increase of monthly fees or cancel services.

LATE FEES

Client shall agree to pay a late fee of 5% to all invoices paid 10 days past the due date, with a subsequent late fee of 5% of the total outstanding balance for each additional day.

WARRANTIES

Web Editors warrants that all services performed under this Agreement shall be performed consistently with generally prevailing professional or industry standards. Client must report any deficiencies in Web Editors services in writing within 30 days of performance. In no case does Web Editors provide a refund, as Web Editors cannot undo its services and Web Editors is, to a certain level, dependant on the Client to perform. This warranty is exclusive and in lieu of all other warranties, whether expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose and any oral or written representations, proposals or statements made prior to this agreement.

LIMITATION OF LIABILITY

In no event shall Web Editors be liable to Client for lost profits of Client or direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Web Editors has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Agreement. Web Editors total liability under this Agreement for damages, cost and expenses, regardless of cause, shall not exceed $100.00 under this Agreement.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Web Editors, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our Services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms & Conditions will insure to the benefit of Web Editors successors, assigns and licensees.

CONFIDENTIALITY

During the term of the Agreement and for 3 years afterward both parties will use reasonable care to prevent the unauthorized use or dissemination of confidential information. Reasonable care means at lease the same degree of care Web Editors uses to protect its own confidential information from unauthorized disclosure. Confidential information is limited to information marked as confidential or disclosed orally and summarized and identified as confidential.

COPYRIGHT AND TRADEMARKS

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Web Editors for inclusion in the web design project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Web Editors and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

ANTI HARASSMENT POLICY

Web Editors will not tolerate any form of harassment against its employees from customers or third parties and we reserve the right to cancel a contract or Service(s) without refund in the event of unreasonable or inappropriate conduct by Client. This includes threatening behavior and physical or mental abuse directed towards our employees; thereafter any further communication must be via postal mail only. If a customer’s conduct via telephone is considered unreasonable we will insist on email communication only.

APPLICABLE LAW

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws or your actual state or country of residence.

MODIFICATION

We reserve the right to make changes to our Site, Terms & Conditions, and policies at any time, and will provide notice of material changes by a date stamp on the top of this web page you are currently viewing. Your continued use of the Site, or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms & Conditions, rules, and guidelines posted on the Site at the time of such use. You should periodically check the “Terms & Conditions” link on the Site’s home page to view the then-current terms. You understand and agree that you are solely responsible for periodically reviewing the Term of Use.

OUR ADDRESS

Web Editors, Inc.
41715 Enterprise Circle N. #202
Temecula, CA 92590
1-951-296-0051
support@webeditors.com

Web Editors Privacy Policy

This privacy policy discloses the privacy practices maintained by Web Editors, Inc. and its employees. This privacy policy applies to any and all data collected from this website (www.WebEditors.com).

General Terms of Use
All the content you’ll find on webeditors.com is owned by Web Editors, Inc. -This includes logos, graphics (site design) and images unless otherwise specified.

Links to Third Party Sites
Web Editors, Inc. does not endorse any links that lands up on its pages

Proprietary Rights
Any trademarks, copyrights or logos you see on the site are the property of Web Editors, Inc. unless otherwise specified.

Copyright and Trademark Infringement
We respect the intellectual property rights of others and we ask our Clients to do the same. If you are a copyright holder and believe that your work has been borrowed/stolen, altered, illegally copied or misused in any other way, please let us know.

Limitation of Liability
Only you will be liable for any illegal activity while you are utilizing the resources of Web Editors, Inc.

Trademarks
Web Editors, Inc. content and other Web Editors, Inc. graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks.

Information Collection, Use, and Sharing
Web Editors, Inc. acts as the sole owner of the information collected from this site. We hold your privacy in the highest regards, and will not lease or sell any information provided. We only have access to collect information voluntarily given to us by you via in person meetings, email and phone calls.

We only use the information provided to us for the purpose of executing/completing the tasks and activities we are contracted to perform or provide. No third parties outside of our organization will be aware or have access to any information not absolutely necessary to complete our contractual obligations.

We may contact you in the future via email to inform you of new specials and offered services unless specifically instructed not to.

Security Protocols
We take your privacy very seriously and have precautions in place to prevent any unauthorized access to your collected data. All collected information is stored on one of our secured servers and is only accessible by the appropriate staff members.

Links and Third Party Sites
We have links on our website that directs to other sites not controlled or managed by us. Please be aware that any and all data transmitted or provided through a site other than our own (www.webeditors.com) does not have a guarantee to protection or privacy.