Terms   Conditions

Updated 12/28/2017

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.

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 hello@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 hello@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 hello@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 $200.00 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 optional content development services for web pages at $150 for 350-450 words per page

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 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 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. Additional charges may apply. (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 to 6 hours of on boarding and training, depending on which plan is selected. Additionally, the customer will receive 2 hrs. These hours may be used for phone consultation services or web design services for all hosted customers.

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.

Additional hours are billed at $100 per hour.

The following volume discounts shall apply to all maintenance services:

  1. Monthly billable hours over 10 shall receive a 10% discount
  2. Monthly billable hours over 20 shall receive a 15% discount
  3. Monthly billable hours over 30 shall receive a 20% 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.

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.

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
hello@webeditors.com