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Terms and Conditions
1. General
These terms are applied between Weblify AB (“Weblify”) 559097-1023 and the buyer of Weblify’s products (“The Customer”). The terms and conditions apply to the Customer’s order of the Product (defined below) and, together with the submitted quotation, constitute the agreement between Weblify and the Customer. In the event of conflicting information between the submitted quotation and the general terms and conditions, the offer shall prevail.
2. Product
By “Product” we mean a website according to the submitted quotation. Other services, additions or inquiries in addition to what is stated in “The scope of the assignment” are considered as inquiries and will be offered by Weblify.
3. Structure and architecture
Before the project begins, Weblify displays the product’s structure and architecture. This is done via a physical meeting or web meeting where Weblify presents a front page of the Product. Any requests from the Customer regarding changes to the Product’s structure and / or architecture are stated under “The scope of the assignment” in the submitted quotation.
4. Provision of materials
The Customer is responsible for, and warrants, that the data and materials provided by the Customer to Weblify are accurate and do not infringe on third party intellectual property rights. Weblify is solely responsible for images provided by Weblify.
5. The beginning of the project
The project begins in connection with both Weblify and the Customer signing the offer submitted by Weblify, or such other date as stated in the signed offer. Before signing, the Customer is entitled to request changes to the website’s structure and appearance and to make requests for additional functionality.
6. Implementation of the project
The customer is assigned a project manager who will be available and helpful throughout the implementation of the project. The project manager is the Customer’s contact person to answer any questions and receive material. Weblify will, after performing the project, together with the Customer, plan a meeting where the Product will be displayed. In the event the parties book a meeting at which the the customer, without prior notice, does not attend Weblify will charge the customer an amount equal to two (2) work hours.
7. Material from the Customer
The customer must assist Weblify with any material in the form of pictures, texts and the like (“Customer material”) no later than sixty (60) days after ordering. Otherwise, Weblify has the right to invoice the Customer the entire amount that the order refers to. The customer then has another six (6) months to send Customer Material. Otherwise, Weblify will deliver the Product as far as it can be completed. In connection with this, the project is terminated and Weblify no longer has any responsibility for the completion of the Product.
8. The completion of the project
The project is deemed to have been carried out when Weblify performs the tasks stated in “The scope of the assignment” or at such time as stated above in paragraph 8. Weblify communicates this via mail, SMS or verbally. Should the Customer repeatedly refuse, cancel or for other reasons not attend the final meeting, the project is nevertheless considered to have been completed. In connection with this, invoices are issued from Weblify to the Customer.
9. Requests for changes during the duration of the project
Should the Customer communicate requests for changes in addition to what is stated in the agreement, these requests are regarded as additional orders and will be offered by Weblify. The exception to this are changes regarding fonts, colors, texts and images that are communicated in the first meeting after the contract was signed and the 2nd presentation meeting. In the event the Customer requests changes in addition to what is stated in the agreement Weblify will offer to perform such tasks at a fixed price or at a rate of eighty nine (89.00) USD per started hour.
10. Requests for changes after delivery
The customer can at any time, by email, contact Weblify with requests for changes after delivery. These requests are then regarded as requests for price indications and will be offered by Weblify via email.
11. Restrictions
The customer is responsible for investigating the limitations and possibilities that exist in the agreed platform. Weblify is not able to notify the Customer of all limitations that are found in the agreed platform.
12. Relation to the platform
Weblify is an independent company from Wix.com Ltd and the WordPress Foundation, Magento, and any other platform and thus cannot be held liable for any problems or limitations of Wix.com’s (Wix.com Ltd) platform, WordPress platform, Magento, any other platform, or its partners or suppliers.
13. Information and scope
Both Weblify and the Customer are responsible for reading these terms and the quotation before signing. The customer is responsible for ensuring that he / she understands the scope of the project before the project starts. Weblify is responsible for understanding the possibilities and limitations of the agreed platform.
14. Technical responsibility
Weblify is not responsible for the domain, server, hosting or functionality of the agreed platform or services / products purchased via or from another third party. When signing the agreement, the Customer agrees to handle all contact regarding the above services directly with the respective supplier.
15. Hosting
Weblify is responsible for hosting the Customer’s website unless otherwise stated in the scope of the assignment. The cost of this is stated in the quotation submitted by Weblify.
16. Domain linking
After completing the project, the Customer is offered to link their own domain to the Product, or to provide Weblify with the name of the domain provider, login information to the domain provider and other relevant information. When submitting this information, the Customer authorizes Weblify to purchase services required on behalf of the Customer to connect the Customer’s domain to the Product. Should the Customer choose to decline or not provide the required information, the project is nevertheless considered to have been completed. In connection with this, invoices are issued from Weblify to the Customer.
17. Making payment
Weblify will debit the Customer’s debit card based on achieved milestones. Each milestone is described in detail below. Once a milestone is reached, the customer’s card is automatically charged through Stripe, Inc.’s platform.
17.1 Milestone 1
Weblify will charge the customer’s payment card 20% of the total cost of the project in connection with the Customer filling in the payment form sent by Weblify.
17.2 Milestone 2
Weblify will charge the customer’s payment card 30% of the total cost of the project after the following activities have been carried out:
– Established a WordPress account that can be transferred to the customer’s web host under milestone 5.
If the customer has a WordPress account before, Weblify can transfer the website to the existing account unless otherwise has been communicated between the parties.
– Installation of the necessary plugins for optimizing the website’s functions.
– Establishment of a structure on the website, which includes design by
front page, construction of subpages and sections and correction of menu and footer in accordance to the customer’s existing website unless otherwise stated by the Customer’s Initial meeting with Weblify, which is listed under the heading “The assignment scope ”in the submitted quotation.
– Incorporation of text from existing website unless otherwise stated by The customer at the initial meeting with Weblify and which is listed under the heading
“The scope of the assignment” in the submitted quotation.
– Change the fonts and / or colors according to the Customer’s wishes as stated at
Initial meeting with Weblify and which is listed under the heading “The assignment
scope ”in the submitted quotation. If the Customer has not submitted any requests for fonts and / or colors, Weblify will change fonts and / or colors according to what Weblify has shown before signed agreement according to item 5.
– Link links and buttons to the correct subpage / section on the website.
– SEO optimization (keyword optimization) which includes HTML header tags, image description (for google), meta description for each page, presentation image, and custom URL slots if necessary.
17.3 Milestone 3
Weblify will charge the customer’s payment card 30% of the total cost of the project after the website has been optimized for mobile and adapted to tablets.
17.4 Milestone 4
Weblify will charge the customer’s payment card 10% of the total cost of the project after Weblify has sent a link to the website, the customer carried out a quality check and gave the go-ahead regarding the website’s design, or communicated comments that have been addressed. Should the customer not communicate any comments within 30 days after Weblify has sent a link to the website, the customer’s payment card will be charged regardless.
17.5 Milestone 5
Weblify will charge the customer’s payment card 10% of the total cost of the project after the following activities have been carried out:
– Install web site on web hosting
– Domain linked to website
– Quality control of installed plugins implemented by Weblify
After the completion of paragraph 17.5, the project is considered complete.
18. Complaints
If the Customer wishes to make a complaint regarding errors or deficiencies in the execution of the project, the Customer shall do so no later than at the time of the demonstration as described in 9. The customer’s right to complain is deemed to have been consumed after the Customer and Weblify have completed the show according to 9 without complaint. If the Customer does not participate in the show in accordance with 9, the right to make a complaint is deemed to have been exhausted when the delayed date and time for such display has passed. Complaints do not relieve the Customer of liability to pay for the project carried out.
19. Responsibility
Weblify is responsible for any damage caused to the Customer through errors or negligence in the execution of the project up to the amount paid by the Customer for the project. Weblify is never liable for any damages arising from incorrect or incomplete information provided by the Customer. Weblify is not responsible for any loss of profit or income, or other indirect damage or consequential damage. However, the limitation of liability does not apply to damage caused by gross negligence or intent. The customer shall keep Weblify harmless from claims from third parties regarding materials provided by the Customer.
20. Force majeure
If Weblify is prevented from fulfilling its obligations under the agreement due to circumstances that Weblify has not been able to control such as lightning strikes, work conflict, fire, natural disaster, altered government regulations, government intervention and errors or delay in services from subcontractors due to circumstances stated here, this shall constitute relief grounds that lead to the timing of performance and exemption from damages and other possible penalties. If the performance of the agreement is substantially prevented for longer than three (3) months due to the above-mentioned circumstance, the Customer is entitled to terminate the agreement in writing. In the event of such termination, Weblify has the right to compensation under the agreement for work performed and proven necessary cost.
21. Intellectual property rights
All rights to all intellectual property rights that Weblify creates within the framework of the project accrue to the Customer. The customer does not receive the right to Weblify’s intangible assets or business secrets other than as stated in the agreement. Furthermore, the Customer does not receive any rights to intellectual property rights created outside the scope of the project, or which were already owned by Weblify before the project began.
22. Personal data
Weblify may process personal data in relation to the Customer’s representatives in connection with the project’s implementation in order to be able to fulfill the agreement. Weblify is responsible for personal data in relation to such treatment. The customer is responsible for ensuring that all its representatives whose information is submitted to Weblify have read and approved Weblify’s personal data policy for customer contacts, appended hereto as appendix 1. For some personal data that Weblify processes in connection with the project’s execution, the Customer is the personal data controller and Weblify personal data assistant. In relation to such treatment, the personal data assistance agreement appended hereto applies as Appendix 2.
23. Privacy
The parties undertake, without limitation in time, to not disclose to third parties confidential information regarding the activities of each party. In this provision, “confidential information” means any task – technical, commercial or other – regardless of whether the information is documented or not, with the exception of information that is or becomes generally known or which has come or comes to public knowledge other than through breach of this provision by a party.
24. Messages
Messages to the other party must be delivered with a bid, a recommended letter or e-mail to the addresses most recently stated by the other party. Notification shall be deemed to have been received by the other party (a) if it has been sent by tender, on receipt, (b) if it has been sent by registered letter, five (5) days after dispatch, or (c) if sent by e-mail , on the day of dispatch.
25. Changes
Amendments to the agreement shall, in order to be valid, be accepted in writing by both parties, unless otherwise agreed.
26. Dispute
Swedish law, without the application of its conflict of laws rules, shall apply to the agreement. Disputes arising in connection with the agreement shall be settled by a public court.
