SCOPE OF WORK

EFFECTIVE: OCTOBER 1, 2024

VIEW ONLY - This Scope of Work (SOW) does NOT update frequently unless there is a significant change to its contents.

This Scope of Work ("Agreement", "SOW") is entered into as of the date of acceptance between the undersigned client ("Client") and WebEaze ("Provider"), located in the United States of America. The Agreement governs the provision of services related to website setup, tech support, and associated services offered by Provider ("Website", "Site"). By agreeing to this contract, Client accepts the terms outlined herein.

1. Glossary 

"Services" refers to the web development, web setup package, support and related services provided by WebEaze.

"Client" refers to the individual or business purchasing the Services.

"Package" refers to the selected service package chosen at time of checkout (Essential, Growth, Elite)

"Deliverables" refers to the website, hosting setup, and any other tangible results of the Services.

 2. Scope of Services

Provider agrees to deliver website setup, existing website management, and ongoing support as described below. Services include:

• personalized website creation and website setup through GitHub or Client’s preferred hosting provider,
• website maintenance and management for new and existing websites, offering ongoing support, inserting and removing website features to enhance the website’s functionality,
• tips and guidance during the support period as described in the respective Package selected,
• domain setup and registration through Namecheap, or Client’s preferred domain registration agency (Growth and Elite package only).

3. Deliverables and Timeline

Deliverables: For a new website, Client will receive a fully functional website, and ongoing support as described in the Package. If Client has an existing website, Client will receive website management, and ongoing support as described in the Package.

Timeline: The timeline for each deliverable shall be agreed upon in writing through e-mail or verbal communication on an video platform (e.g. Zoom). An estimated schedule will be provided (e.g., "Initial draft of the website by [date]"). Under normal circumstances, the timeline will span between one (1) and two (2) weeks from the first session to create a new functioning website. Timelines for support requests under normal circumstances are between twenty-four (24) and seventy-two (72) hours from the date and time of the support request submission.

4. Payment Terms

Client agrees to pay all service fees in full through Stripe upon engagement of the service. The agreed upon service fee shall be outlined on Stripe’s checkout page, or in an official invoice sent through Stripe services. No work will commence until full payment is received unless prior arrangements have been made between Client and Provider. All fees are non refundable unless expressly provided for in this Agreement.

5. Client Obligations

Client agrees to:

Provide accurate and up-to-date information required for the provision of the services. Use the provided services solely for lawful purposes and in accordance with any applicable third party terms.

Ensure that all third-party software or services necessary for the project (such as domain registration and hosting) are maintained beyond the service period of twelve (12) months.

6. Reviews & Feedback

Reviews: Reviews to Provider and its services are encouraged; it is not a requirement. Review submissions are completed through a third-party form that Provider will share with Client after website deployment for website creation, and after four (4) weeks of service for existing websites.

Feedback: Provider encourages feedback; it is not a requirement. Feedback is considered by replying to the email received with subject title starting with “Your Website is Ready”. Client agrees to provide feedback within five (5) business days of receiving any deliverables. If you do not provide feedback within five (5) business days, the Provider will assume that all services have been completed in full.

7. Scope Creep & Additional Services

Out-of-Scope Work: Any requests beyond the original scope of work (e.g., additional website features or changes not outlined in this Agreement) will be denied and you will not receive a refund for services rendered.

Out-of-Scope Work includes, but is not limited to:

• additional website features that include significant integration and skill that are beyond the abilities of Provider,
• paid advertising setup and management and social media management or content marketing
• fixing major issues caused by the client’s own modifications,
• new website pages beyond the agreed-upon amount discussed during payment, large-scale development & redesigns,
• full security audits or penetration testing and large-scale speed optimization beyond basic optimization techniques,
• managing third-party hosting issues and troubleshooting external APIs or integrations and, developing custom plugins from scratch

Additional Services: Additional Service fees are available after the support period that will not include other benefits originally provided with the Service (al-a-carte).

8. Intellectual Property

All intellectual property rights related to the website design, content, and setup services shall remain with Provider until full payment has been completed. Upon receipt of full payment, ownership of the website and related content will transfer to the Client. Any proprietary tools, methods, or templates used by Provider remain Provider’s intellectual property and are licensed to Client solely for the agreed-upon use.

9. Ownership of Work Product

Ownership Transfer: Upon full payment, ownership of the website design, code, and content will transfer to the Client. However, any proprietary tools or templates used remain the intellectual property of the Provider. For existing websites, Clients will retain ownership of the website design, code, and content.

Licensing: If any third-party tools or templates are used, Client must comply with applicable licensing terms.

10. Support and Maintenance Terms

Ongoing Support: Maintenance and support are available for twelve (12) months from the date of purchase. Refer to Section 7 outlining the bounds of support provided.

Support Hours: Provider will respond to website support requests within twenty-four (24) to seventy-two (72) hours from the date and time of submission under normal circumstances.

Unlimited Support: Provider offers unlimited support for routine maintenance, small updates, and technical troubleshooting within the scope of this Agreement. This includes tasks such as bug fixes, minor content changes, plugin updates, and performance optimizations. However, "unlimited" does not mean unlimited work on anything and everything. Requests that fall outside the SOW will be rejected. These include but are not limited to: large-scale redesigns, extensive development work, and third-party software troubleshooting.

Fair Usage Limits: To keep service efficient for all clients, Provider includes a list of fair usage limits:

• Up to ten (10) support requests per month (thirty (30) days) for minor updates
• Up to ten (10) hours of support per month (thirty (30) days) for troubleshooting & maintenance

11. Termination of Service

Provider reserves the right to terminate this Agreement if Client breaches any terms of the Agreement or engages in illegal or unethical behavior. Upon termination, all outstanding fees shall be immediately due, and any unpaid services shall be suspended. In cases of fraudulent activity, Provider reserves the right to pursue legal action and recover damages.

12. Cancellation and Refund Policy

No refunds will be allowed by the Provider after purchase  of a Package; all sales are final. An up-to-date Refund Policy may be located: https://webeaze.io/refund-policy. Consultations are recommended for any prospective Client before a committed purchase is made.

13. Third-Party Services

Provider may use third-party services to deliver the services. Client agrees to comply with the terms of service of these third parties. Provider shall not be held liable for any issues arising from third-party services, including but not limited to service outages, data breaches, or payment issues. Review the Terms of Service for a complete list of current Third-Party providers being utilized outlined in the Terms of Service.

14. Force Majeure

Neither party shall be held liable for failure to perform its obligations under this Agreement if such failure is due to unforeseen events beyond their control, including but not limited to natural disasters, war, government regulations, or other emergencies.

Rarely, Provider may not be able to complete website work as previously agreed before the Service commenced, however, it does not grant a refund. Time and resources are used significantly and rely on payments made to the Package chosen.

15. Confidentiality and Privacy

Provider agrees to keep all Client information confidential and use it solely for the purposes of providing services under this Agreement. Client’s personal information will be collected, stored, and processed as per Provider’s Privacy Policy, available on the Website. Provider shall not sell or disclose Client’s information to any third parties, except as necessary to fulfill the obligations of this Agreement or as required by law.

16. Non-Solicitation

During the term of this Agreement and for twelve (12) months thereafter, Client agrees not to directly or indirectly solicit, engage, or employ any employee, contractor, or agent of Provider without prior written consent.

17. Warranties

No Warranty for Results: Provider makes no guarantees or warranties regarding the results of the services. Client acknowledges that results may vary based on numerous factors beyond Provider’s control. Refer to Section 14.

Workmanship Warranty: Provider warrants that the work will be performed in a professional and workmanlike manner.

18. Limitation of Liability

To the fullest extent permitted by law, Provider’s liability for any claim arising under this Agreement shall not exceed the amount paid by Client for the specific service. In no event shall Provider be liable for indirect, incidental, or consequential damages, including lost profits or business opportunities.

19. Dispute Resolution

• Mediation/Arbitration: Any disputes arising from this Agreement shall first be resolved through mediation or arbitration, unless both parties agree otherwise.
• Attorney Fees: The prevailing party in any legal dispute shall be entitled to recover reasonable attorney fees and costs.

20. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Delaware. Any disputes arising from or related to this Agreement shall be resolved exclusively in the state or federal courts located in Camden, Delaware, United States of America.

21. Entire Agreement and Severability

Entire Agreement: This Agreement represents the entire understanding between the parties and supersedes all prior negotiations, discussions, or agreements, whether written or oral.

Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remainder of the Agreement shall remain in effect.

Terms and Changes to Agreement: Provider reserves the right to change any or all parts of this Agreement. In the event of a change to this Agreement, you may continue to abide by the guidelines set by the Agreement you signed. However, any changes made to the Service that were not described in the Agreement will be communicated with Client via email.

By signing this document, you agree to all of the terms and conditions outlined in this Agreement and refusal to comply or any violations of this Agreement shall result in complete termination of business between Client and Provider.