Terms of Service

1. Introduction

Welcome to WebCraft Studios ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our web design, development, and digital agency services. By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms apply to all clients, prospective clients, and users who request or receive services from WebCraft Studios, whether through our website, direct communication, or third-party platforms.

2. Acceptance of Terms

By requesting a quote, signing a contract, making a payment, or otherwise using our services, you confirm that you have read and agree to these Terms. This agreement constitutes a legally binding contract between you and WebCraft Studios.

You represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding agreements.
• You have the authority to bind your organization (if applicable) to these Terms.
• All information you provide to us is accurate, current, and complete.
• You will comply with all applicable laws and regulations in your use of our services.

3. Services Description

WebCraft Studios specializes in the design, development, and optimization of business and corporate websites. Our services include, but are not limited to:

• Custom website design and development
• Landing page creation and optimization
• Corporate website development and rebranding
• E-commerce solutions and online store development
• Search engine optimization (SEO) services
• Website performance optimization and speed enhancement
• Content management system (CMS) integration
• Responsive and mobile-first design
• Ongoing website maintenance and support
• Digital analytics and reporting setup

The specific scope of services will be detailed in a separate Statement of Work (SOW) or Project Proposal that will be presented to and agreed upon by both parties before any work commences.

4. Client Responsibilities

To ensure the successful completion of your project, the client agrees to fulfill the following responsibilities:

• Provide accurate, complete, and timely information, content, assets (images, logos, text, videos, etc.), and brand guidelines necessary for the project.
• Appoint a single point of contact for project communications, approvals, and feedback.
• Review and provide feedback on deliverables within 5 business days of receipt. Failure to respond within this period may be construed as approval and may impact project timelines.
• Obtain and secure any necessary licenses, permits, or permissions for third-party content, software, or services used in the project.
• Ensure that all content provided does not infringe upon any third-party intellectual property rights, including copyright, trademark, or privacy rights.
• Provide timely access to hosting accounts, domain registrars, analytics platforms, or any other systems required for development.
• Conduct thorough testing and quality assurance of the final deliverable before formal sign-off.

5. Payment Terms

5.1 Fees and Pricing

All fees for our services will be quoted in writing and outlined in the project proposal or contract. Prices are quoted in USD (United States Dollars) unless otherwise specified. All fees are exclusive of applicable taxes, which will be added to the invoice where required by law.

5.2 Payment Schedule

Payment terms will be specified in the individual project agreement. Typical payment structures include:

1. Deposit: A non-refundable deposit of 50% of the total project fee is required before work begins.
2. Milestone Payments: For larger projects, payments may be divided into milestones as outlined in the contract.
3. Final Payment: The remaining balance is due upon completion of the project, prior to final delivery and launch.

5.3 Late Payments

Invoices are due within 15 days of the invoice date. Late payments will incur a charge of 1.5% per month (or the maximum allowed by law, whichever is lower) on the outstanding balance. We reserve the right to suspend or halt work on any project until all outstanding invoices are paid in full.

5.4 Refund Policy

All deposits and payments made are non-refundable once work has commenced. Refunds may be considered on a case-by-case basis at the sole discretion of WebCraft Studios, provided that no more than 10% of the total scope of work has been completed.

6. Project Timeline

Estimated project timelines are provided in good faith and are subject to change based on the complexity of the project, the timeliness of client responses and approvals, and the scope of requested changes.

• Timelines are estimated in business days and exclude weekends and public holidays.
• Delays caused by the client (including late provision of assets, content, or feedback) will extend the project timeline accordingly.
• WebCraft Studios will make reasonable efforts to meet agreed-upon deadlines but does not guarantee specific completion dates unless explicitly stated in writing.
• Expedited delivery may be available at an additional cost of 25-50% of the project fee, subject to availability.

7. Intellectual Property

7.1 Client Materials

You retain all rights to any materials, content, images, trademarks, or other intellectual property that you provide to WebCraft Studios. You grant us a limited, non-exclusive license to use such materials solely for the purpose of completing your project.

7.2 WebCraft Studios Work Product

Upon full and final payment of all fees, WebCraft Studios transfers to you all rights, title, and interest in the final deliverables specifically created for your project, including but not limited to custom designs, code, and assets.

7.3 Pre-existing Materials

WebCraft Studios retains all rights to any pre-existing materials, frameworks, templates, code libraries, tools, or methodologies used in the creation of your project. You are granted a perpetual, non-exclusive, royalty-free license to use such materials as part of your final deliverable.

7.4 Portfolio Rights

Unless otherwise agreed in writing, WebCraft Studios reserves the right to display completed projects in our portfolio, website, marketing materials, and industry awards submissions. We will not disclose any confidential information belonging to you without your express written consent.

8. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and sensitive information shared during the course of the engagement. This includes, but is not limited to:

• Business strategies, financial data, and customer information
• Technical specifications, source code, and architecture details
• Marketing plans, product roadmaps, and unpublished content
• Any information explicitly marked as "Confidential"

Both parties agree that confidentiality obligations shall survive the termination of this agreement for a period of two (2) years. Exceptions include information that is publicly available, independently developed, or required to be disclosed by law.

9. Revisions and Changes

9.1 Included Revisions

Each project includes a specified number of revision rounds as outlined in the project proposal. Typically, our packages include:

• Starter Package: 2 rounds of revisions
• Professional Package: 3 rounds of revisions
• Enterprise Package: 5 rounds of revisions

9.2 Additional Revisions

Revisions requested beyond the included rounds, or revisions that constitute a significant change to the approved scope ("scope creep"), will be billed at our standard hourly rate of $150/hour or as otherwise agreed in writing.

9.3 Change Requests

Any changes to the project scope, design direction, or features after the initial approval must be submitted in writing as a formal Change Request. WebCraft Studios will provide a written estimate for any additional time or costs, and work on the change will not commence until the Change Request is approved and any associated fees are paid.

10. Warranty and Disclaimers

10.1 Warranty

WebCraft Studios warrants that:

• Our work will be performed in a professional and workmanlike manner consistent with industry standards.
• The deliverables will substantially conform to the specifications outlined in the approved proposal or contract.
• Our work will not knowingly infringe upon the intellectual property rights of any third party.

Our warranty covers work performed for a period of 30 days following the final delivery. Any defects identified within this period will be remedied at no additional cost to the client.

10.2 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEBCRAFT STUDIOS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR a PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The website will be error-free, uninterrupted, or secure at all times.
• Third-party services, platforms, or APIs integrated into the website will remain available or unchanged.
• The website will achieve specific business outcomes, such as increased traffic, sales, or conversions.
• Results from SEO efforts or analytics will meet any specific metrics or thresholds.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall WebCraft Studios, its directors, employees, partners, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data, goodwill, or reputation
• Business interruption or downtime
• Costs of procurement of substitute services

The total aggregate liability of WebCraft Studios to you for any claim arising out of or related to these Terms or our services shall not exceed the total amount paid by you to WebCraft Studios for the specific project giving rise to the claim.

12. Termination

12.1 Termination by WebCraft Studios

WebCraft Studios reserves the right to terminate or suspend services at any time, with or without cause, upon 10 business days written notice to the client. Grounds for immediate termination include:

• Non-payment of invoices beyond the terms specified.
• Breach of these Terms by the client.
• Illegal, fraudulent, or infringing use of our services.
• Hostile, abusive, or harassing behavior toward our team.

12.2 Termination by Client

You may terminate services by providing 10 business days written notice to WebCraft Studios. Upon termination:

• All outstanding invoices become immediately due and payable.
• Work in progress at the time of termination will be invoiced at our standard hourly rate for all work completed to date.
• You will be granted a license to use all completed work product upon full payment.

12.3 Effect of Termination

Termination of these Terms shall not affect any rights or obligations that have accrued prior to termination. Sections on Intellectual Property, Confidentiality, Limitation of Liability, Warranty and Disclaimers, Governing Law, and Indemnification shall survive termination.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms shall be resolved through:

1. Negotiation: The parties will first attempt to resolve any dispute through good-faith negotiation for a period of at least 30 days.
2. Mediation: If negotiation fails, the parties agree to engage in non-binding mediation before a mutually agreed-upon mediator.
3. Arbitration / Litigation: If mediation is unsuccessful, any remaining disputes shall be resolved through binding arbitration in San Francisco, California, or through the state or federal courts located in San Francisco County, at the discretion of the non-breaching party.

The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs.

14. Changes to Terms

WebCraft Studios reserves the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this document and notify existing clients via email. Your continued use of our services after the effective date of any changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree with the revised Terms, your sole remedy is to terminate your engagement with us.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: