General Terms and Conditions ("Terms and Conditions")
(a) are incorporated into and constitute the material terms and conditions of each service agreement, proposal and offer (each a "Service Agreement") entered into by Websitters Sp. z O. O., VAT PL8992915384 Alexander Herzen No. 10 50-453 Wroclaw, doing business as Websitters ("we", "us", "our"), and its customer ("Customer" or "you"); (b) apply to all services provided to Customer by Websitters (collectively, the "Services"). Any capital letters not defined herein shall have the meaning assigned in the applicable Service Agreement. In the event of any conflict between these Terms and the Service Agreement, the terms of the Service Agreement shall prevail. Some of these Terms, where expressly stated, apply only to certain types of Services.
SCOPE OF SERVICES
Websitters performs the Services described in the applicable Quote (the "Services") in accordance with the terms of such Service Agreement. Sometimes the scope of the Services in a Service Agreement must change. In such case, the parties will negotiate in good faith a change order. Unless otherwise agreed or specified in the applicable Service Agreement or the applicable amended order, Customer will have seven (7) days from receipt of the proposed change order to accept it. A new revised order will be required if not accepted within this time period. No change order will be binding on either party unless accepted by the Customer.
TYPES OF SERVICES
Websitters offers many different types of services, including website development, managed website and application hosting, search engine optimization consulting, marketing consulting, lead generation consulting, pay-per-click marketing consulting, social media marketing consulting, analytics consulting and copywriting.
HOSTING MANAGEMENT
Websitters acts as an intermediary and manages the relationship between Customer's website and the hosting company (such as Pagely, WP Engine, Amazon, or Rackspace, by way of example only). The Services are subject to both these Terms and Conditions, Websitters Acceptable Use Policy ("Policy," as amended from time to time, available at https://webli.io/legal/acceptable-use-policies/ and incorporated herein by reference), and the terms and conditions of the applicable hosting provider. Customer understands that bandwidth speeds may vary and that (unless otherwise expressly provided in the applicable Service Agreement) Websitters is not responsible for any third party networks or facilities that may be necessary to host the Site.
HOSTING SERVICE LEVEL AGREEMENT(SLA)
Websitters, its service providers and subcontractors take commercially reasonable measures to protect the Customer's websites and e-mail from unplanned interruptions. Nonetheless, unplanned service interruptions occasionally occur, which do not constitute a breach of the Service Agreement by Websitters. However, the Customer may receive a refund under the terms and conditions set forth herein. A refund equal to Websitters' current fee for one month of hosting service will be granted upon written request by Customer made within thirty (30) days of an interruption of service when an unplanned interruption occurs, as Websitters or its suppliers or subcontractors will confirm, that lasts longer than thirty (30) minutes. The Customer may only receive one refund per calendar month, even if there are several unscheduled service interruptions. The customer will not receive a refund for a service interruption lasting thirty (30) minutes or less. Refunds will not be granted for scheduled service interruptions scheduled by Websitters or Websitters' hosting providers. The granting of a refund by Websitters shall be Customer's sole and exclusive remedy for unscheduled service interruptions and the related failure of Websitters or its suppliers or subcontractors to provide shared hosting services.
THIRD-PARTY STATEMENT SERVICES
Customer acknowledges that Websitters uses a number of third party vendors ("Third Party Providers") to provide additional services to Customer in connection with website hosting. Customer acknowledges and agrees that use of the services of Third Party Providers is governed by the terms and policies of such Third Party Providers. Customer further understands and acknowledges that if any Recurring Service with Websitters is canceled, Customer may not be able to transfer services from third parties without entering into a separate agreement with the Third Party Provider(s), and/or making significant changes to the website design the Customer's website to enable its proper functioning.
SERVICE FEES
Fees for the Services will be specified in the relevant Service Agreement and will be issued and payable in PLN.
Payments can be made via the Przelewy24 payment processor at https://webli.io/zamowanie
CYCLICAL FEES
Unless otherwise specified in the applicable Service Agreement: (a) Recurring Fees are payable on the date of invoice; (b) Recurring Fees are subject to change at any time in Websitters' sole discretion upon ten (10) days prior notice by email to Customer; (c) invoices will be sent electronically; (d) Customer has thirty (30) days to object to any invoice, after which the invoice will be deemed correct.
PAYMENT AUTHORIZATION
If the Customer provides bank or credit card details on the Websitters payment page at https://billing.webli.pl, the Customer authorizes Websitters to debit the provided accounts with all amounts due to Websitters. If Websitters is unable to process Customer's credit card payment for any reason, Websitters will notify Customer electronically and Customer will have thirty (30) days to provide a payment method before canceling the Services.
PAYMENT PROCESSING FEES
Websitters will impose a three percent (3%) fee on credit card transactions. Customer payments made by check or electronic transfer (ACH) will not be subject to an additional fee.
INSUFFICIENT FUNDS AND MISSED PAYMENTS
Customer is required to pay a Return Payment Fee of thirty-five dollars ($35.00) for each check or EFT payment returned by Customer's banking institution. The customer may be required to pay for future services using certified funds.
RETURNS AND COMPLAINTS
Service fees can only be refunded if canceled within the refund period specified in the Service Agreement. Customers residing in the EU and UK have fourteen (14) days from acceptance of the Service Agreement. Complaints should be sent to the email address support@webli.io. All complaints are dealt with within 14 days.
TAXES
Customer shall pay all applicable sales, use, gross, excise, access, value-added and other local, state and federal fees or taxes imposed on the provision or use of the Services.
DELAYED PAYMENTS
Payments not received within thirty (30) days of the due date on the invoice are considered late and interest will accrue from the due date at the rate of one and a half percent (1.5%) per month or the maximum legally permitted rate, whichever is lower.
EQUIPMENT
If Customer requires additional equipment, including but not limited to monitors, computers, software or other devices, to use the Services, Customer is solely responsible for acquiring and maintaining such equipment.
RESELLING THE SERVICE
Customer may not resell any portion of the Services to any other party without Websitters' prior written consent, which may be granted or withheld in Websitters' sole discretion.
WORK PRODUCT RIGHTS
“Work Product” means all original creations prepared by Websitters for Client in connection with the Services. Upon full and final payment for services provided under a Services Agreement, Websitters transfers to Customer all right, title and interest in and to the Work Products produced for Customer under such Services Agreement.
ELEMENTS
"Elements" means (a) Websitters technology and existing intellectual property as of the effective date of the applicable Services Agreement, including without limitation its web development tools, designs, algorithms, software (in source and object form), interface designs user, architecture, scripts, objects.
