These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by Webcom Resources, LLC (“Webcom”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Webcom and the individual or entity who subscribes to our service (“Subscriber” or “you”).
PLEASE READ THIS AGREEMENT CAREFULLY. By your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Webcom may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Webcom believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Webcom may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): http://www.webcomresources.com/terms-and-conditions/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Webcom offers Subscribers domain name registration, website hosting, email hosting, website development services for the duration of the service term purchased from Webcom.
Services are provided on the basis of facility and equipment availability. Webcom Resources reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Access to the website and email servers is terminated upon cancellation of the Service.
By agreeing to these Terms of Service, you represent that you are at least 13.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services, and payment by you of any and all outstanding payments due to Webcom.
PRODUCTS & SERVICES AVAILABILITY
Certain services or products may be available exclusively online through the website. These products or services may have limited quantities and be temporarily unavailable.
We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
HOSTED WEBSITE DEVELOPMENT
Whilst every endeavour will be made to ensure that the Hosted Website and any scripts or programs are free of errors, Webcom Resources cannot accept responsibility for any losses incurred due to program malfunction, the Hosted Website or any part of it.
Webcom Resources cannot take responsibility for any copyright infringements caused by materials submitted by the client or otherwise. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the agreed upon services as displayed on the Hosted Website Services webpage located here: https://webcomresources.com/our-services/hosted-website-packages/ will be carried out at the discretion of Webcom Resources and where no charge is made by Webcom Resources for such additions, Webcom Resources accepts no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Webcom Resources all materials and information required to complete the site to the agreed standard. Projects that go dormant for longer than 45 days will incur fee to resume work at the discretion of Webcom Resources.
Functionality or feature requests above and beyond those listed in our package description here https://webcomresources.com/our-services/hosted-website-packages/ may be considered out-of-scope and a service upgrade or additional fees will be recommended.
Webcom Resources will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines, unavailability of the site, its servers, software or any material provided by its agents.
HOSTED WEBSITE ONGOING SERVICES
For as long as the hosted website subscription remains in active status, Webcom Resources will provide the following services:
- Updates and technical maintenance of the server and account
- Monthly website and database backups.
- Monitoring website downtime
This Agreement includes up to 30 minutes each month towards the following website management services:
- Edit, revise, update or create new text content.
- Graphics design, photo editing
- Consult on use of website’s Content Management System (“CMS”).
The client must request or approve a suggested website update. If client requests services that will require more than 30 minutes to complete, the time charges will be billed at a rate of $125 an hour. Webcom Resources will obtain pre-approval for the additional fees before completing the work.
Client will be responsible for all content on the website and will be expected to review all updates for accuracy. Webcom Resources will not be liable for costs incurred, compensation or loss of earnings due to the content on Client’s website.
All products and services are priced in US Dollars (USD).
- The initial hosted website deposit equal to 50% of the development fees is required to retain our services and begin the website development process.
- The final balance of the development payment is due prior to the website being made live to the public.
- The development fees are in addition to any monthly subscription fees.
- The monthly subscription fee covers the website development fees, web hosting, a license to use our creative designs for your content, and third-party licenses.
- A minimum subscription term of of 24 months is required, even if your business ceases to operate or the website is no longer required.
- Monthly subscription fees include usage of the site design, website hosting, technical support, and 30 minutes of monthly website update support hours, and continue until you cancel your service with Webcom. Monthly payments are payable via credit card, debit card, or Paypal for recurring payments.
- If you cancel the subscription prior to 24 months, the outstanding balance becomes payable immediately, and subject to remedies for non-payment as specified in this document.
- After 24 months, you may cancel the service without penalty. Upon cancellation, all website files will be removed from the server unless you decide to pay a release fee for your website.
- The website release fee will be determined by the type of hosted website service and addons you have, but will range between $1,200-$2,000.
- Payment for hosting, domains, and other products and services is pre-paid and non-refundable.
CONTENT AND OWNERSHIP
- Your Intellectual Property
You shall own all intellectual property pertaining to your User Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. Webcom does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to upload your content to our platform, including cloud services and CDN’s, to make display adjustments and perform any other technical actions required.
- Webcom Resources’s Intellectual Property
All rights, title and interest in and to the Service, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Hosted Website, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Webcom Resources.
Subject to your full compliance with the Terms and timely payment of all applicable Fees, Webcom hereby grants you, upon your initial payment and for as long as Webcom wishes to provide you with the Hosted Website Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Hosted Website Services and Licensed Content, for the purpose of generating and displaying your User Content to End Users and offering your User Products and services therein.
These Terms do not convey any right or interest in or to Webcom Resources’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of Webcom Resources’s Intellectual Property rights under any law.
- File release
Upon payment of the optional website release fee, Webcom Resources will provide a zipped copy of all WordPress website files and databases to you. Any recurring 3rd party fees for plugins, themes, or support of the website will become your responsibility after the files are released to you. Webcom Resources makes no guarantee of the website working on any other provider’s servers. It will be your responsibility to install and configure the website with a new provider and ensure that it is working the way you would like. Webcom Resources will leave your files on our server for 14 days for your reference. After 14 days of the time of file release, your hosted website will be removed from our server.
Upon payment of the optional website release fee, we grant you full rights to the website to use and distribute as you see fit. We retain the right to use the website and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolios. We own or have license to use various materials that we already had before the start date of this Agreement and we may include these materials in your website. These materials include, but are not limited to, ideas, improvements, discoveries, software design, software coding, charts, drawings, specifications, notebooks, tracings, draft or final reports, findings, recommendations, data and memoranda.We retains all rights in our materials and grant you a royalty-free, nonexclusive, perpetual, non-transferable license to use any of the materials incorporated into the website.
REMEDIES FOR NON-PAYMENT OF PRODUCTS & SERVICES
- General remedies for non-payment include but are not limited to legal action for outstanding money owed, legal fees and damages; or referral to a collection agency.
- In the event of payment default within the first 24 months of the hosted website subscription, General remedies will apply, and (i) your User Account will be deactivated and your website will be removed from the server and the content manager will also no longer be accessible; (ii) payment of all outstanding payments will be required before your website will be restored to the server.
- Cancellation by You
Failure to comply with any of these Terms and/or to pay any due Fee shall entitle Webcom Resources to suspend (until full payment is made) or cancel your User Account and Hosted Website (or certain features thereof), as well as the provision of any related Hosted Website Services (e.g., Paid Services) or Third Party Services to you.
- Cancellation by Us
If your User Account or any Hosted Website Services or Third Party Services related to your User Account are cancelled (whether at your request or at Webcom Resources’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Webcom Resources shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Hosted Website Services following their cancellation, as determined by Webcom Resources in its sole discretion.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, gender identity, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Webcom Resources, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Webcom and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Kansas.
Questions about the Terms of Service should be sent to us via e-mail.