This agreement is in effect as of Oct 19, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of the services we offer after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Website Plan Agreement
By signing up for a website creating and hosting plan you agree to do the following:
- Maintain your account in good standing for a 12-month period from your sign-up date (this helps us provide you with a custom website at a manageable price).
- Pay an early termination fee of $350 or the remainder of your agreement (whichever is less) if you want to cancel early.
- Provide us with the required content for your website in a reasonable time period. Your subscription begins at the time you subscribe and cannot be extended if you cannot provide us the necessary content. Your subscription will not wait for you to get us your content. This is why we recommend having your content ready before signing up.
- Provide us with content (visual and written) that does not belong to anybody else and that you own the copyright to.
Every website plan is eligible for a free domain provided with your plan at no cost. You are not required to use the domain we provide you with your plan, you can use your own.
If you choose to use the domain included with your plan, you will be the owner of it as long as you meet your plan agreement of one year. If you do not meet your one-year agreement then you will forfeit the included domain to Loclweb unless the agreed upon early termination fee is paid at which time the domain will be transferred to you.
After the first year of your agreement is complete, we will continue to include your free domain in your plan but it does belong to you. If you choose to move your website after the first year, we will transfer your domain wherever you would like. It is your responsibility to continue to pay the domain cost or provide a registrar to move it to. We use Google Domains and we can also transfer ownership for you at which point you'll also be responsible for paying future bills to keep it renewed.
The included domain has no monetary value outside of the provided domain. If you choose to provide your own domain, we do not provide an extra domain with your account. The domain we provide you must be used as the primary domain for the website we build if you choose to use the domain provided with your plan.
If you purchase a logo for your new website, there are limitations to what we can provide within our quoted price.
Here is what you can expect to receive during the logo design process:
- You will receive 2 draft logo versions to choose between.
- One revision is included with the logo design process. This means you can choose the one logo you like and present any final updates you'd like made to that logo. After this one revision is made, your logo is final and cannot be changed without another logo agreement.
You can continue to have more revisions but they must be done in another agreement with a new price determined. The cost for additional revisions beyond the first is $49 per revision.
After the logo is complete and you are happy with it, we will provide you with a zip file with a vector, transparent PNG, and JPG version of your logo contained within a zip file.
Agreed Delivery Time
We guarantee delivery of your website within one week or two weeks depending on the plan you signed up for. This delivery time does not include the time it takes you to provide content and feedback during the design process. We will work on your website and deliver it within the agreed plan delivery time minus time it is in your hands for review and questions we need you to answer in order to proceed.
If you provide feedback in a reasonable timeframe, most websites can be delivered within 8 to 9 days. That is if you return questions within minutes rather than hours and days and return feedback within a day rather than weeks.
Unlimited Minor Changes
We do not limit the number of minor changes you make within any billing cycle. Each request must be made separately, though. We do not accept emails with more than one change in it. This is so we can track the changes and they do not get lost or forgotten in a chain of a single-subject email.
There is no limit as long as you make requests within a reasonable quantity. This can be determined by us and we may determine unreasonable minor change requests at any time. This isn't usually a problem as long as you're not making daily requests for minor changes in order to achieve a major change.
Please do not abuse this policy so we do not have to remove it for everyone.
What do both parties agree to?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we’ll need to complete the project – including text, images (or picture ID of your allotted stock photos), and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and your website won't be deemed complete until final approval. When you purchase your website we will begin work and have the first revision available to you within one (1) week. You also agree to stick to the payment schedule laid out above.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we’ll also maintain the confidentiality of any information that you give us.
Details Of The Design
Your website agreement includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, we will do our best to make any changes to meet your expectations. If we cannot meet or exceed your expectations at any point then we will return all money as laid out in our guarantee.
HTML and CSS Layout Templates
The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind, we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most of them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.
We do not cater for people using Microsoft Internet Explorer 6 and cannot predict the behavior of that browser.
We will also test that these templates perform well on Apple’s iPad. We will not test old or abandoned browsers, for example, Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at our standard old browser rate for any necessary additional design work, development and testing.
We may have written a hundred blog posts but we’re not responsible for writing any text copy.
You will supply us photographs in digital format if you go over your allotted stock photo limit (or pay for more stock photos). You must provide us with the ID number of the stock photos you would like to use from DepositPhotos. If you choose to buy stock photographs we can suggest vendors of stock photography. We will not search for stock photos for you and instead will use free filler photography if you have not chosen any. You will be responsible to replace the photos with what you want after requesting a separate quote (if the website is complete) for us to do so unless you do it yourself.
If you provide photos that you have taken, there are some requirements for how you must provide them:
- We will not edit or format your pictures. We will resize them to be the proper size on your website but beyond that, all graphic design and image formatting must be done by you or a third party graphic designer.
- You must provide us your photos either labeled for each page or in folders for each page. We will not sift through a list of photos or a Google Photos folder to decipher your photos.
- We will add up to 10 photos of yours on each page. It is not recommended to go above that anyway because of speed.
Changes and Revisions
We will design your website based on examples of websites you provide us that you like. We rely on this guidance so we create something that you love the first time. Being that what we create the first time isn't always completely in line with what you want, we allow for one revision during the design process. That means we will design the home page and one internal page of your website and present it to you for revisions. You agree to provide feedback within 48 hours which is not included in our agreed one to two week delivery time (the less time you take for reviews, the closer to one to two week delivery your website will be). Once you've provided feedback on what must be changed, we will make those revisions and proceed to develop the rest of your website.
If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to and paid for before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be upfront about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a quote and contract.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project in our portfolio and in articles on websites, in magazine articles and in books. We will never show any proprietary information from your business, only what's visible to the public.
We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project.
We’ll give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
You also own text content, photographs and other data you provided unless someone else owns them. We own the markup, CSS and other code and we license it to you for use on only this project. We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any loclweb.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless Loclweb and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
We guarantee your website will remain available without server errors at least 99% in any 30-day period. Your website report contains the uptime for the past week which may not show the accurate uptime for the month. If you have questions about the update please don't hesitate to contact us so we can review your account's full 30-day uptime.
Limitation of Warranties
By using our service, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Loclweb or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Loclweb will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on loclweb.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Loclweb and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Loclweb.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Loclweb from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Placer County, California. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, Loclweb EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.