Terms of Service (“TOS”)

Updated: 02/04/2024

Welcome to WebWyze’s Terms of Service! We are glad to have you on board. By using our services, you agree to the following terms and conditions. These terms are necessary to protect both you and us and to ensure a positive experience for all users. Some terms may not apply to the specific services you use. If you have any questions or suggestions, please contact us at support [at] WebWyze.co.

Account Terms

• You must be 18 years or older to use our services.
• WebWyze will communicate with you primarily through the email address and/or phone number you provide.
• You are responsible for keeping your passwords secure. WebWyze is not responsible for any loss or damage resulting from your failure to do so.
• You are responsible for all materials uploaded, collected, stored, displayed, transmitted or exhibited through your account.
• A violation of any term in the TOS may result in immediate termination of your account at WebWyze’s discretion.

General Conditions

• Before using our services, you must agree to all terms and conditions listed on https://webeyze.co/legal/.
• Technical support is only provided to paying account holders and their authorized contacts.
• Support is available Monday to Friday, 9 a.m. to 6 p.m. EST.
• To ensure a timely response, all support requests should be sent through the Help Desk Support System.
• All calls to our office are monitored and recorded.
• We will respond to email support tickets within 24-48 working hours.
• We do not offer email hosting services or provide support for email-related issues.
• WebWyze managed DNS servers must be used for services.
• The client will not be charged for open source software, but may pay for installation, configuration, and customization.

Fees & Payment Terms

• Fees for services are due at the time of sale and billed every month on the anniversary date.
• A late fee of 5% will be charged for invoices paid 10 days past due, with an additional 5% fee for each additional day.

Cancellation/Termination of Services

Most of our services are billed monthly, allowing for cancellation at any time with a 30-day notice. However, it’s important to note the specific terms associated with certain services as per your Master Service Agreement (MSA):

1. Full Refund Guarantee (7-day grace period): As anew Customer, WebWyze guarantees a full refund if you are not satisfied with our services for any reason within the first 7 days, no questions asked. We believe in our work, and we want you to feel confident in your decision to work with us.
   • Refund Amount: Please note that for refunds processed, credit card processing fees incurred by WebWyze will be deducted from the total refund amount. The deducted fees are typically a percentage of the transaction amount and are charged by credit card companies or payment processors. We will provide you with a breakdown of the refund amount, including any processing fee deductions, upon request.
   • Claiming the Refund: To claim a refund, simply contact your account representative within the 7-day grace period.
2. Custom Website Design and Development: Our custom website design and development services may have specific term lengths and associated obligations. These obligations must be fulfilled as agreed upon in the Master Service Agreement (MSA).
3. PPC Management Services: Our PPC management services operate on a month-to-month basis and can be canceled with a 30-day notice.
4. Other Marketing Services (e.g., Local SEO, Social Postings): These services come with a specified term length and automatically renew for the same term length unless canceled. Customers who wish to cancel these services before the end of the term must provide a 30-day notice.
5. Website Management Services: Our website management services, including customer support, hosting, and management, are essential for conducting business with WebWyze. If a customer wishes to cancel these services, they must fulfill all other marketing obligations. This essentially means the customer is opting to terminate all services and migrate their website off our servers.

Additionally, WebWyze reserves the right to immediately terminate services under specific circumstances, including disparagement of WebWyze, exposure to legal liability, or delayed maintenance requests. Past-due accounts may be terminated without notice.

Refunds

If  services are canceled within the first 7 days of purchase, customers are eligible for a refund, excluding any processing fees incurred, and no questions will be asked. However, after the initial 7-day period, including one-time fees, monthly fees, or any other charges, no refunds will be issued. This refund policy is in accordance with WebWyze’s standard policy..

Disclaimer of Warranties

The client acknowledges that certain software used by internet users may not be capable of supporting certain features or functionality included in the services offered by WebWyze. WebWyze shall not be liable for any claims related to internet users’ inability to access the services properly or completely or for any errors or omissions in the services. The services are provided “as is,” without any warranty, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currentness, and delays. WebWyze, its affiliates, and agents do not make any warranty regarding the results that may be obtained from the services, uninterrupted access to the services, or that the services will be error-free.

Limitations of Liability

WebWyze, its affiliates, and agents’ total liability, if any, for any claim made against them for damages related to this agreement, whether based on contract or tort (including negligence), shall be limited to one month of WebWyzefunds. Any claims for damages exceeding this amount are waived by the client. WebWyze, its affiliates, and agents shall not be liable for any lost profits, consequential, exemplary, incidental, indirect, or special damages arising from this agreement or the use of, or inability to use, the services, even if they are advised of the possibility of such damages. This limitation of liability shall apply even if the express warranties set forth in this agreement fail to fulfill their essential purpose.

Indemnification

The client agrees to indemnify, defend, and hold WebWyze, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors, and distributors harmless from any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) incurred as a result of or arising from the client’s violation or breach of any terms of this agreement or use of the services by someone using the client’s account. WebWyze reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the client, and in such cases, the client agrees to cooperate with WebWyze’s defense.

Force Majeure

WebWyze shall not be responsible for any delays, errors, failures to perform, interruptions, or disruptions in the services caused by conditions beyond its reasonable control, including but not limited to acts of God, strikes, lockouts, riots, acts of war, third-party hosting companies, general internet outages, governmental regulations, acts of war or terrorism, fire, power failure, earthquakes, severe weather, storms, explosions, floods, or other natural disasters.

In the event of a force majeure event as outlined above, WebWyze shall not be liable for any refunds or compensation due to service interruptions or disruptions caused by such conditions beyond its reasonable control.

Copyright & Trademarks

The client guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to WebWyze for use in the web design or advertising project are owned by the client or have been properly licensed from the rightful owner. The client agrees to hold harmless, protect, and defend WebWyze and its subcontractors from any claims or suits arising from the use of such elements.

Applicable Law

These terms of service shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws or the actual state or country of the client’s residence.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the state of Tennessee.

Dispute Resolution

In accordance with the policies outlined in our TOS, both parties agree to first attempt to resolve any disputes through direct, good faith negotiations. If such negotiations fail, the parties will engage in mediation with a neutral third-party mediator. Should mediation not resolve the dispute, binding arbitration shall be pursued as per the stipulations in our terms. This arbitration will occur in accordance with the rules set forth in our terms, ensuring a streamlined process. By doing business with WebWyze, both parties waive their rights to a trial in a court of law, opting instead for the arbitration process as detailed in our TOS. To initiate the mediation process, please contact your customer support representative at support [@] webwyze.co.