Terms Of Service

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We care deeply about the satisfaction of every customer we serve and did our best to make these Terms Of Service fair and reasonable. When you decide to work with us, a contract between Websites Are Us and you, the Client, shall be entered for web design and/or search engine optimization services with the following terms:

Definition of Website Analysis, Web Design and Search Engine Optimization Services

As described on this website and furthermore in the contract between the parties.

Website Analysis

Scope Of Work

Websites Are Us will thoroughly analyze your website, your online market, and your competition and issue a detailed report in .pdf format with the following content:
• Your website’s current ranking in the search engines
• Analysis of your online market and top 3 – 5 Competitors websites from SEO point of view
• Extensive keyword research with recommendation of keywords for those we deem top Google ‘organic ranking’ achievable
• How to improve your website’s content and coding for search engine optimization
• How to improve your website’s content and functionality for better conversion

You will receive the results of our analysis in a .pdf report, usually within 7 business days.

Guaranteed Website Analysis

We guarantee that your website’s performance will show a dramatic improvement, if you implement the results of our Website Analysis Report by using our Search Engine Optimization services – or you’ll get your money back. However, you are under no obligation to further work with us after receiving your report.

Custom Web Design

Website Design and Content

The scope of work will be defined at the beginning of the project. Any text, design, logos, graphics, photos, printed brochures and/or any other artwork or items to be included in the design or content of your website must be submitted before starting your project. If you prefer not to contribute any text, artwork or other items, you agree that Websites Are Us will build your website writing copy we deem suitable, and using royalty-free stock images.

Web Design Process

Once we have received the signed contract with your initial deposit, we will provide you with an estimated finish date, which is usually about 4 to 6 weeks for regular websites (more for advanced projects). We will provide you with a basic layout and content draft usually within 10 business days. After you have reviewed the draft, we will continue to make modifications until the basic layout and content is approved by you. Once it is approved, we will create the detailed page layout and add content. During this process, you will have the opportunity to review the progress. We will establish a private directory for your new website on our testing server so that you may view the website development progress at any time. We will inform you via email when updates to the site have been made so you can review the most recent draft. We will continue to make modifications until the final layout and content is approved by you. After getting your final approval and payment we will transfer your website to your hosting company’s web server. From this point on your website is ‘live’ on the Internet.

Support After Completion

Support by email or phone is included at no charge for up to 6 months after your website has launched (up to 30 minutes labor per month). Any additional work on your website by Websites Are Us after project completion will require additional contracting and incur a fee.

Guaranteed Web Site Design

Due to the high standard of our work we have the confidence to guarantee all our web designer work 100%. If you are not completely satisfied with the appearance and functionality of your website during the creation process, Websites Are Us will continue to work on your website at no additional charge until you are, or you can cancel our contract. The copyright to all work done and files created will stay with Websites Are Us, and the payments made to us will be refunded.

Affordable Web Sites

Website Design and Content

You purchase one of our ‘Affordable Web Site Templates’, plus any optional extras, and provide us with the login to your domain name and web hosting account(s). We will install the template you selected on your web server, and set up 5 blank sample pages: Home, Services, Portfolio, About Us, Contact Us. These pages can be edited or deleted by you, and you can add additional pages. Websites Are Us will not provide content or write web copy unless ordered as additional ‘extra’. If you would like us to upload your banner or logo, it must be submitted by email before starting your project. If you prefer not to contribute a banner or logo, Websites Are Us will install the template with the default banner.

Web Design Process

Once we have received your payment and the login information, we will set up your template usually within 1 to 3 business days. We will provide you with a basic .pdf guide how to access your website’s administrative area and edit the content. During 30 days after your template is installed you will receive free support by email or phone. If necessary, we will log into your website’s administrative area to help you fix an issue.

30 Days Money Back Guarantee

Due to the high standard of our work we have the confidence to guarantee all our web designer work 100%. If you are not completely satisfied with the appearance and functionality of your website during the first 30 days after your website is installed on your web server, Websites Are Us will issue you a refund for all payments made to us. Please note: we cannot refund any payments you made to your domain name registrant or web host.

Web Design Terms And Conditions

Privacy

Any data we collect from our clients will be held securely by us for the sole purposes of carrying out business with you and on request returned after finishing the project. Your data will not be passed on to third parties.

Copyright

The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Websites Are Us for inclusion in web pages are owned by the Client, and that the Client has permission from the rightful owner to use each of these elements. He will hold harmless, protect and defend Websites Are Us from any claim or suit arising from the use of such elements. Once Websites Are Us has received final payment for your project you will get the copyright to all files we created for your website.

Credit On Website

A link to Websites Are Us will appear in small type at the bottom of your website. This link may not be modified at any time without written consent of Websites Are Us during the existence of this website design on the internet.

Website Alterations by You or Other Parties

Websites Are Us cannot accept responsibility for any alterations caused by the Client or third parties occurring to the Clients website once the website is installed on the web server.

Refusal Of Service

Websites Are Us reserves the right to refrain from offering web design services to anyone.

Backup Of Data & Data Loss

After launching the website the Client shall be solely responsible for safe keeping and backup of all website files and related data such as access information. Websites Are Us will set up a backup routine, but shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data due to the failure of the Client or its partners or web hosts or any other reasons.

Search Engine Optimization

Scope Of Work

Step 1: We will optimize your website ‘on-site’ according to commonly known SEO standards so search engines can index it, and submit it to the major search engines Google, Yahoo and Bing. While building a search engine friendly site is a critical requirement, other factors outside of the website itself must be implemented to achieve top search engine rankings. Link popularity and dozens of other factors outside of our control also play an important role.

Step 2: In an effort to establish free organic Search Engine Ranking for your website, we will do any or all of the following:
• Generate articles on article websites to establish web presence and drive traffic to your website
• Periodically submit press releases to announce new products or services
• Bookmark your website on Social Bookmarking websites
• Add your website to free general and product/service related directories
• Add your website to local directories (e.g. Google local, Yahoo local, Bing local, Yellow Pages, Yelp)
• Promote your website by posting and commenting in appropriate forums and blogs

Guaranteed Search Engine Optimization Services

Search engine optimization is a process that will take a couple weeks to show effect and a few months to reach its fullest potential, and needs to be done on an ongoing basis. While we cannot guarantee the exact position your website will be ranked on Google, Yahoo, Bing and other search engines, and can’t influence the SEO efforts of your competition, we are so confident in meeting our goals that we will refund your last month’s SEO fee in case you are not completely satisfied with the results of our work.

Other Services

Domain Name And Web Hosting

If ordered with Websites Are Us, the domain name and/or web hosting will be purchased on behalf of the Client through a renowned domain and hosting partner of our choice. Hosting and domain name will be ordered for a period of one calendar year from time of purchase. Websites Are Us will register the Clients name and address as the administrative contact/owner of the domain. After completion of the first year it is the Clients’ responsibility to renew the contract. Warning of account expiration may or may not be sent via email directly from the domain name and hosting company to the Client’s registered email address. Domain and Hosting services are payable by the Client directly to the Registrant and Hosting company in advance, and are not refundable during this time period. It is the Clients’ responsibility to comply with all domain and hosting regulations.

Contract and Payment

Cancellation Of The Contract

If you cancel the project at any stage due to reasons not related to Websites Are Us’ performance, you will be required to make payment for work already completed. The copyright to the already completed work will remain property of Websites Are Us. Payment for work already completed must be made within seven days of the cancellation request. Failure to do so may result in legal action.

Payment

Our web design services for custom websites require an initial deposit of 25% of the total project amount, 50% of the total project amount are due after the first draft is presented, and the remainder of your balance upon project completion. Advanced projects, additional services like copy writing and search engine pptimization fees require payments as stated in the contract. Invoices will be sent via e-mail in PDF format. Payment is due upon receipt of invoice. Final payment is always due before we publish your website on the internet. NSF / Past Due Accounts Checks returned unpaid are subject to a $25 returned check fee. Invoices are considered past due on the 31 st day from the invoice date. A finance charge equaling 2% of the delinquent invoice will be assessed from the 31 st day. If payment is not received within 60 days, a second and final notice will be sent stating that if payment is not received within 90 days from the date of original invoice, the delinquent account will be submitted immediately to a collection agency. A $150.00 service charge plus costs and collection fees incurred during the collection process will also be billed to the delinquent customer.

No Liability for Consequential Damages

Websites Are Us shall not be liable to the Client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement of programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use the website. In any case, Websites Are Us’ entire liability under any provision of this agreement is limited to the pro rated amount actually paid by Client for the website.

The agreement between Websites Are Us and the Client will be governed by the laws of California. If for any reason a court of competent jurisdiction finds any provision of this license, or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license shall continue in full force and effect. Each of the parties hereto irrevocably patterns to the jurisdiction of the courts of the State of California and further agrees to commence any litigation which may arise hereunder in the courts located in San Diego County, California.

The Client hereby acknowledges that he has read, understands and agrees to be bound by these terms and conditions. Client further agrees that the agreement that will be signed between the parties prior to project begin is the complete and exclusive statement of agreement between Client and Websites Are Us, and that said written agreement will supersede these terms and conditions, all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of the agreement.

The Client understands that a contract shall not exist between Client and Websites Are Us until Websites Are Us acknowledges receipt and acceptance of the work order and Clients initial deposit and confirms this to Client by in written by email, fax or mail.

Websites Are Us reserves the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time and without prior notice.

Last updated: July 1, 2010