Terms and Conditions

Updated 07/24/2018

Web Editors is a division of eTailMax, Inc.

By using any “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.

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. “Client Content” means any material uploaded or supplied to Web Editors by the Client, or accessed by Web Editors from the Client, in the course of Customer’s receiving or using the Review Management Services, including without limitation, Client’s information relating to actual or prospective customers of the Client, images, videos, text and data.

CLIENT SUPPORT

For clients under our Customer Care plan:

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 951-296-0051. 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 webeditors@etailmax.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 webeditors@etailmax.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 holidays. All email tickets sent to webeditors@etailmax.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 951-296-0051 for support and Web Editors can open an email ticket on behalf of Client or immediately fix the issue if available to do so.

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 if requested. Emergencies are billed at $200.00 per hour with a 1 hour minimum, then billed in 30 min increments – no discounts apply to emergencies. Calls made to our office are monitored and recorded.

For clients not covered under our Customer Care plan:

You may request to schedule a 30 minute conference call via webeditors@etailmax.com or 1-951-296-0051 during business hours. We will then discuss your need and provide you an estimate for the services requested.

Web Editors will acknowledge all email support tickets within 3 working days.

THE WEB EDITORS WEB DESIGN GUARANTEE

If the Client is not satisfied or request changes to their web design & development agreement, we offer a no question asked 100% Money Back Guarantee (minus any bank processing fees occurred) if it is requested within 5 business days from date of order. If you decide that you do not want to continue with us, then yes, Web Editors shall refund you. To process, please call 1-951-296-0051 or email webeditors@etailmax.com to request a service return form.

Once payment for services has been payed in full for a web design & development project or a logo design project, we will automatically sign the Intellectual Property Rights over to you for anything we personally created for you if asked and you shall receive 100% Ownership Rights.

Before  publishing your website to our servers, your WordPress site will be “put to the test”. Our team follows a rigorous 100% Quality Assurance inspection and review process to ensure that all links, navigation, browser compatibility, content, DNS, SSL, image treatments and transactional processes are working properly. If we find any errors, we’ll work quickly to rectify them within to first 30 days.

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. Open Source Software is not owned by Web Editors nor the Client.

LINKS

Web Editors shall place a small text link(s) on the footer of a Clients website that simply states the website is 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, 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.

Web Editors will host your DNS records when you host with us. We will manage your DNS records provided by IBM.

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 WordPress, open source technology, JavaScript, XHTML, HTML, XML, CSS, CSS3, PHP, MySQL databases, and professional graphic design services.

Web Editors will only commence work on a Web Design Project after receipt of a 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.

For eCommerce projects, Client must provide product images, product description, and full product attributes not limited to sku, weight, size, gtin, msrp, cost, brand or dimensions. In all cases, Client shall provide ALL requested product data in an excel sheet. 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 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. 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 have access to the design and code of the website. 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 and by phone. 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 processing fee may apply if the client later returns and wishes to continue work on their project.

Web Editors is committed to its clients, processes and client processes. Web Editors 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 web design & logo design projects:

The Client shall receive 1 design concept for Web Design project and 4 design concepts for a Logo Design project 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 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 for web design projects. Website Design changes beyond this point are subject to additional charges. Logo designs come to an end-of-life (EOL) when Web Editors delivers the raw logo files.

  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.

What is NOT a design revision is if you want to have an entirely new designed started by scratch. Additional charges may apply. (depends on whether we missed the mark or you have changed your mind).

CONTENT DEVELOPMENT

Web Editors offers 3 levels of Content Development Services:

  1. Content Specifics: Client provides 100% of the Content at no extra charge.
  2. Copy Assistance: Client provides 80% of the Content and billed at $75.00 for 350-450 words per page.
  3. Copy Development: Client provides 10% Content and billed at $175 for 350-450 words per page.

CUSTOMER CARE SERVICE

Included in every new web design/development project, the Client shall receive up to 8 hours of on-boarding and training within 30 days after launch.

Additionally, we offer three tiers of discounted monthly maintenance services to ensure your website evolves with changing demands:

  1. Basic: $100/month for 1 hour maintenance
  2. Pro: $285/month for 2 hour maintenance ($95 per hour)
  3. Elite: $450/month for 4 hour maintenance ($90 per hour)

If the Client exceeds the hours allotted in the selected maintenance plan above, the Client will be billed at the hourly rate according to the current tier the Client is subscribed to. Updates made during normal business hours (After hours, weekends & holidays aren’t covered).

Services are paid-up front and billed re-occurring on anniversary date – cancel at anytime.

* For customers who don’t need the routine maintenance of a monthly plan, we also offer on-demand web maintenance on an hourly basis at $115 per hour. On-demand web maintenance receives lower support ticket priority than the monthly maintenance plans.

All Emergencies & after hour support are billed as follow:

  1. $175.00 per hour

Non hosted clients – Customer Care plans are not available:

  1. WordPress: $125/per hour. An audit will be prepared that will outline the work to be performed.
  2. Other platforms: $150/per hour. An audit will be prepared that will outline the work to be performed in an agreement.

WORDPRESS HOSTING

We offer three levels of WordPress Hosting Services:

  1. Basic – $30.00 per month.
    • 10GB Disk Space
    • 50GB bandwidth
    • Free SSL Certificate
    • Free CDN
  2. Pro – $110.00 per month.
    • 20GB Disk Space
    • 200GB Bandwidth
    • Free SSL Certificate
    • Free CDN
  3. Elite – $285.00 per month.
    • 30GB Disk Space
    • 400GB bandwidth
    • Free SSL Certificate
    • Free CDN

Our primed WordPress Hosting Servers run on Nginx + PHP 7 + MariaDB.

We also offer custom and dedicated environments with strategic services to proactively plan for your success.

Services are paid-up front and billed re-occurring on anniversary date – cancel at anytime.

REVIEW MANAGEMENT SERVICES

Web Editors will provide the Client with a SaaS-based review management platform and grants the Client a non-exclusive right to access and use the review management platform and any software provided by Web Editors in connection with the review management platform, as applicable, during the Term. The Client is responsible for maintaining the confidentiality of its login, password and account and for all activities that occur under its login or account.

Client understands that the operation of the review management platform, including Client Content (as defined below), may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Web Editors third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the review management platform. Accordingly, the Client acknowledges that the Client bears sole responsibility for adequate security, protection and backup of the Client content. Web Editors will have no liability to the Client for any unauthorized access or use of any of the Client’s content, or any corruption, deletion, destruction or loss of any of the Client’s Content.

Web Editors owns and will retain all right, title and interest in and to the Services (excluding Client’s Content) and any related software.

As between the parties, Clients Content (as defined below) will be owned by the Client. Client will be solely responsible for the accuracy, quality, integrity and legality of Client Content. The Client hereby grants to Web Editors a non-exclusive, worldwide license to copy, modify (including the right to create derivative works of), display and use the Client’s Content in connection with performing the Services.

Web Editors shall have the right to (a) use the Client’s Content to contact and communicate with actual and prospective customers of the Client and (b) collect and analyze data and other information relating to the use and performance of various aspects of the Review Management Services and related systems and technologies to improve and enhance the Review Management Services (during and after the term of this Agreement) and for other development, diagnostic and corrective purposes in connection with the Review Management Services and other Web Editors offerings, and for any other manner that is consistent with Web Editors Privacy Policy, available at www.webeditors.com/privacy-policy/, as amended from time to time.

Services are paid-up front and billed re-occurring on anniversary date – cancel at anytime with a 30 day notice.

SEO 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: Blog Posts, Competitors Inbound Link Analysis, Directory Submission, Search Engine Submission, Enhanced Directory Submission, Local Directory Submission, Image Optimization, Keyword Research, Link Development, Technical SEO, On-Page Optimization, Title & Meta Tag Manipulation, W3C Validation, XML & HTML Sitemaps, Citations, Social Posting on Google+, Facebook & Twitter, Citations and more.

Client Acknowledgment with respect to SEO Services: a) 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. Client understands that Contractor can not keep up with the changes made by Google’s algorithm, it is updated daily. b) Top Major Search Engines and Search Results may change without notice. c) 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. d) 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. e) Occasionally, search engines will stop accepting submissions for an indefinite period. f) 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. g) Web Editors is not responsible if the Client overwrites, deletes or corrupts ANY work completed by Web Editors.

Client understands and agrees that Social SEO Services are month to month and require 30 notice for cancellation.

Client understands and agrees that Local SEO Services are locked in for a minimum duration of 6 months and automatically renew on anniversary date:

  1. After the 6 month duration is fulfilled, Local SEO Services shall automatically renew to a monthly basis.
  2. Client may cancel Local 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 Local SEO 6 month duration is met, Client shall agree to pay an early termination fee equal to the monthly fee of the Local SEO Plan to become eligible to cancel Local 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 SEO monthly reports that will show the overall traffic performance in the search engines based on the keywords used in your marketing plan.

Social SEO Report are delivered via email monthly.

Local SEO Reports are made available 24/7 through our online dashboard.

Client may open a time for a phone consultation if desired once every 30 days.

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, dependent 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 sub-contractors from any claim or suit arising from the use of such elements furnished by the client.

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
Washington Ave. Ste. C100-294
Murrieta, CA 92562
1-951-296-0051
webeditors@etailmax.com