Terms

Website Consulting Services Agreement – Terms and Conditions

This Agreement  is entered into by and between Webanoid and the client  for the provision of website consulting services.

1. Services:
The Consultant will provide website consulting services as outlined in a separate Statement of Work (SOW) or project proposal, which upon acceptance by both parties, will become an integral part of this Agreement. Services may include, but are not limited to, website strategy, design recommendations, development oversight, SEO consultation, content strategy, and website audits.

2. Fees and Payment:

  • Fees: Client agrees to pay the Consultant the fees specified in the SOW or project proposal.
  • Invoicing: Invoices will be issued [e.g., bi-weekly, monthly, upon project milestones].
  • Payment Terms: Payment is due within [30,60,90] days of the invoice date.
  • Late Payments: A late fee of [e.g., 1.5% per month or $X] may be applied to overdue balances.
  • Expenses: Client will reimburse Consultant for pre-approved, reasonable expenses incurred in connection with the services.

3. Client Responsibilities:
The Client agrees to:

  • Provide timely access to necessary information, materials, and personnel.
  • Review and approve deliverables in a timely manner.
  • Designate a primary point of contact for the project.
  • Be responsible for the accuracy of content provided to the Consultant.

4. Consultant Responsibilities:
The Consultant agrees to:

  • Perform services in a professional and timely manner.
  • Maintain the confidentiality of Client information.
  • Communicate regularly with the Client regarding project progress.

5. Deliverables:
All deliverables specified in the SOW or project proposal will be provided to the Client. Upon full payment, the Client will own the intellectual property rights to the final deliverables, unless otherwise specified.

6. Term and Termination:

  • Term: This Agreement will commence on start date and continue until the completion of services as outlined in the SOW, or until terminated by either party as provided herein.
  • Termination for Convenience: Either party may terminate this Agreement upon 30 days written notice to the other party. In such an event, the Client will pay for all services rendered and expenses incurred up to the termination date.
  • Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party breaches a material term of this Agreement and fails to cure such breach within 10 days of receiving written notice.

7. Confidentiality:
Both parties agree to keep all proprietary and confidential information of the other party confidential, using the same degree of care as they use to protect their own confidential information.

8. Limitation of Liability:
In no event shall the Consultant be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with this Agreement. The Consultant’s total liability under this Agreement shall not exceed the total fees paid by the Client for the services giving rise to the claim.

9. Indemnification:
The Client agrees to indemnify, defend, and hold harmless the Consultant from and against any and all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the Client’s breach of this Agreement, or the Client’s use of the deliverables.

10. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the [State/Country] where the Consultant is located.

11. Entire Agreement:
This Agreement, together with any SOWs or project proposals, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

Refund Policy

1. No Refunds for Completed Services:
Once services, or a specific phase of services, have been completed and approved by the Client, no refunds will be issued for those services. This includes, but is not limited to, strategy documents, design mockups, development work, and delivered reports.

2. Deposit and Upfront Payments:

  • Non-Refundable Deposits: Any initial deposit or upfront payment made to secure the Consultant’s services and allocate resources may be non-refundable, particularly if significant work has commenced or resources have been allocated. This will be clearly stated in the project proposal or SOW.
  • Partial Refunds for Unused Services: If a project is terminated by the Client before completion, and an upfront payment covered future services, the Consultant may offer a partial refund for the portion of the payment that corresponds to services not yet rendered, minus any non-refundable deposit or fees for work already performed.

3. Project Cancellation by Consultant:
In the unlikely event that the Consultant needs to cancel a project before completion, the Client will receive a full refund for any services that have been paid for but not yet rendered.

4. Scope Changes and Adjustments:
Refunds will generally not be provided for adjustments in project scope requested by the Client after work has begun. Such changes may incur additional costs, as outlined in an amended SOW.

5. Dispute Resolution:
If the Client is dissatisfied with the services, they must notify the Consultant in writing within 7 days of the issue arising. The Consultant will make reasonable efforts to resolve the issue. Refunds will be considered on a case-by-case basis, taking into account the extent of work performed and the nature of the dissatisfaction.

6. Custom Project Terms:
For specific projects, custom refund terms may be outlined in the individual SOW or project proposal, which will supersede these general refund terms if there is a conflict.

By engaging the services of Webanoid, the Client acknowledges that they have read, understood, and agree to these terms and conditions and the refund policy.