Wixtify Web Design

Terms & Conditions of Service

These terms are subject to change without notice.

our story
“Success isn’t just about what you accomplish in your life; it’s about what you inspire others to do.”

“Don’t let the fear of losing be greater than the excitement of winning.”

Project & Deadlines

When does a project start

A project starts within one (1) business day after the first payment is received successfully. It is best to have all requested materials for the project ready at time of payment.

What affects a deadline being met?

Numerous factors can affect a deadline. While deadlines are not guaranteed, we do strive to meet them, especially when we set the deadline with you.

Factors such as, but not limited to, additional scope, unresponsive client communications, delays in receiving requested materials, or delays in payment, can affect and extend deadlines.

When does a project end?

A project ends when the work is complete according to scope set forth in the beginning of the project, but only after the Client’s account is current.

What requires additional cost?

 Additional cost will be incurred for any deviations from scope that are requested by the client. This also includes excessive revisions, changes, additions etc required by client, to the work we’ve been asked to do.

We price our projects competitively according to complexity, resources, time, deadline, and other time-sensitive factors. If a project is not completed within 90 days of its due date due to a delay that we believe has been caused by the client, for any reason, the project may be abandoned until re-started. This will affect the previously estimated deadline, and will require an additional payment to be made against the total cost of the project before continuing.

Billing 

What are acceptable methods of payment?

We accept credit and debit cards through our payment terminal. We do not accept checks by mail or bank transfers. No exceptions. International payments are accepted by debit or credit card.

What happens if I can't pay a balance?

If you cannot pay your balance, please notify us as soon as possible and we can enroll you on a payment plan. Payment plans for amounts greater than $900 will require a small and reasonable interest charge.

What happens if I want a refund?

We do not issue refunds for our work. All sales are final, without warranty. We work-for-hire with all work rendered as-is. However, we will always do our best to ensure your satisfaction. We do not issue refunds for deposits except when refund is requested within 48 hours and no work has been started.

Privacy

At Wixtify we take security seriously. We are always looking for ways to improve your security while working with us. This privacy policy discusses what information we might collect from a registered user or other visitor (“You”), and what we will and will not do with it. Please note that this privacy policy does not govern the collection and use of information by companies that Wixtify does not control, nor by individuals not employed or managed by Wixtify. If you visit a Web site that we mention or link to, be sure to review its privacy policy before providing the site with information.

To see our general privacy policy meant for non-clients, please visit www.wixtify.com/privacy

Data from Transactions

In order for your website to fulfill orders and transactions, your website will need to collect Name, Address, and other contact information. We will not use this information for any purposes without your explicit and expressed consent, like, for example, to provide Billing Assistance.

In order for us to provide billing support to your customers, we will use this information when they contact us, in order to help them and ensure we assist them to the best for our ability for your benefit.

To ensure your site, and our team, is providing optimal sales results to your customers, we will monitor sales and traffic information including AND ONLY limited to the website domain the transaction originates from, the day and time of transaction, the state where the order is being shipped, amount of the transaction, and the currency used to pay. This information will be used internally by Wixtify for and will not be sold or shared to any third party, ever. This information that we monitor does not contain customer name or contact information.

Other Accounts and Passwords (example: Siteground, WordPress, etc)

We will maintain access and management, with your permission, as a shared possessor of your account login information for any accounts we need access to in order to provide you services and products you have paid for. We will not share your login information with third parties. If necessary, we will create a temporary password for another party to access your account in special circumstances where we need assistance in handling a request you send us. We encourage clients to temporarily change their password to an easy-to-remember word for our use and access only, in which case, after we complete any work done within your account, you can revert or change the password for your convenience and security.

Hosting Site Ground

Acceptable Usage of The Service

Siteground.com offers paid web hosting. Siteground.com reserves the right to cancel your account if it violate our terms of service. Siteground.com provides web hosting to any site that abides to our terms and conditions. Siteground.com reserves the right to change the terms and conditions at any time. Siteground.com users are entirely liable for all activities conducted through their accounts. The following rules apply while using Siteground.com services to you and all your end users. If any violation of these rules will occur Siteground.com reserves a right to suspend a violating account. You, We are able to reactivate your account. After the account will be reactivated, you will have 12 hours to resolve the incident. If incident will not be resolved in 12 hours after we will reactivate account or any violation will occur in future by the same account, Siteground.com reserves a right to terminate violating account and disable your profile.

*No adult content of any kind. Account will be suspended if any kind of adult content will be discovered or reported.

*No warez / hacking / phishing sites. Account will be terminated without warning if any kind of phishing / hacking website will be discovered or reported.

*No mass mail / spam sending scripts. Account account will be automatically suspended if you or your client will try to send mass mail.

*We do not allow any P2P applications to be hosted here. Applications such as, proxy scripts, shell scripts, online gaming scripts, file/image sharing scripts, chat scripts, paid-to-surf, auto-surf, buxto, torrent scripts cannot be hosted here. Account will be suspended and you will have a permission to reactivate it. If violation will occur again, account will be closed.

*Nulled / cracked software is not allowed to be hosted. Account will be suspended with a permission to reactivate it. If violation will occur again, account will be closed.

*Accounts cannot be used to store files or backups only. All websites must have a regular content. Sites designed to file sharing / archive / backup / mirroring purposes are not allowed.

*Malicious websites cannot be hosted. All websites that you or your clients host, must have index file (which is index.php, index.html or index.htm) uploaded directly to thepublic_html folder. If website will be uploaded to any other folder, or no index file will be found, account can be removed from the server with a reason “Malicious Website”.

Additionally, You agree to not use the Service to: 1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 2. harm minors in any way; 3. impersonate any person or entity. 4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; 7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose ; 8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9. upload, post, email, transmit or otherwise make available any material that is of broadcast / streaming types. 10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; 12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; 13. “stalk” or otherwise harass another; and/or 14. upload, post, email, transmit or otherwise material for the purposes of file distribution, relay, or streaming reasons. 15. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 14 above. SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Siteground DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. To the full extent permissible under the applicable law, Siteground.com shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use Siteground.com services. You agree, at your own expense, to indemnify, defend and hold harmless Siteground.com and its affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law.

What happens if I am NOT a client and I want to cancel or move to another host?

Let us know in a support ticket and we’ll take care of you. We will provide info for transfers. Please note, we do not move customer web accounts for free.

What happens if my site goes offline?

Siteground guarantees an uptime of 99.9%. Uptime means we can ping our server and get back a response. If we cannot do so, this is considered downtime, only.

If we determined our server is showing downtime for longer than 1 hour total for the month, we will credit back funds (minimum $0.50) to your account that equal the cost of your hosting plan per hour times per hours down. Example for 5 hour downtime in the month: 9/mo, $0.06 credit due, $0.50 credit given.

What happens if I am a CLIENT and I want to cancel or move to another host?

 If you are a client, we will need to remove our licensed property from your site. We do not charge clients to use plugins we own the license to. However, we do offer them as a courtesy bonus for hosting and working with us. Plugins will be deactivated and removed promptly before we release the site to your custody. There are no fees for cancellation. However, we will not move your site to a new host for you for free, and you will be required to have your account in good standing with us prior to us delivering your site to you.

Liability

Who is liable for damages caused by any work/service rendered, performed, delivered, or provided in any way?

 SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. To the full extent permissible under the applicable law, We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use our services. You agree, at your own expense, to indemnify, defend and hold us harmless and our affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) your failure to comply with these terms of use; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law.

In the event that we are found liable to you for damages, the amount paid in damages shall not exceed the amount that you have paid Wixtify and/or Siteground.

Off Boarding

What happens if I wish to terminate my agreements and client relationship with Wixtify?

Any client who wishes to terminate agreements and relations with Wixtify will be required to pay all due invoices in full preceding termination and delivery of the client’s case folder(s). We keep careful and organized record and archiving of your projects and documents. You will receive all contents of your client folder excepting those prohibited by our third-party license policies.

Clients who are terminated are labeled “Do Not Contact” and will not be contacted by us for any reason after termination.

What happens to pre-licensed material on my site that I do not own?

For any of OUR licensed material on your site that we have NOT billed you for, as would be shown in our itemized estimates, you will be responsible for replacing and furnishing your own licenses upon termination of hosting or your client relationship with Wixtify.

We will provide links and pricing info for these licenses during your request to terminate.

Licenses Issued by Third Parties

Use of any copyrighted material, trade secrets, patented material, or licensed material

You guarantee that the content (copy, images, videos, files, etc) you have provided for any work we create for you are all owned by you and you are not prohibited from using any such content due to copyright or other agreements with any third party. We will not be held liable for any fees, fines, consequences or damages that occur due to infringement of any third party’s copyright and intellectual property rights.

WordPress Plugins

Any use of plugins or similar licensed property issued by a third party will be subject to and enforced by that third party’s license agreement. If we provide any such license as the license holder, you will be bound to the terms of that license agreement but will not own the rights to possess the licensed material. Such licensed material is purchased for your project and used for your project.

Images, videos, etc.

 Any use of images, video or similar licensed media issued by a third party will be subject to and enforced by that third party’s license agreement. If we provide any such license as the license holder, you will be bound to the terms of that license agreement but will not own the rights to possess the licensed material. Such licensed material is purchased for your project and used for your project.

“The secret of success is to do the common thing uncommonly well.”