TERMS & CONDITIONS

Last updated: October 28, 2024

 

This document outlines the Terms and Conditions (the “Agreement”) between you (the “Client”) and Business Website Builder LLC (“Company”), doing business as BizWebsiteBuilder.com. By electronically accepting these Terms and Conditions (via checking a box), you acknowledge that you have read, understood, and agreed to be bound by all the terms and conditions set forth herein.

 

RECITALS

 

WHEREAS, Client desires to engage Business Website Builder to design a custom Website inside the Client’s own www.Wix.com account, and as a work made for hire to have the Website housed or hosted on Wix.com Web Servers by Wix.com, and for the Website to be available for browsing on the Internet by the Wix.com company and Wix.com services; and

 

WHEREAS, Client is interested in hiring Business Website Builder to design a custom Website inside Client’s own Wix.com account; and

 

WHEREAS, Business Website Builder is interested in undertaking such custom website design work inside Client’s Wix.com account; and

 

WHEREAS, Client and Business Website Builder mutually desire to set forth the terms applicable to such work;

 

NOW, THEREFORE, for the mutual consideration set forth herein, the adequacy of which is hereby acknowledged, Client and Business Website Builder, intending to be legally bound, hereby agree as follows:

 

1. BUSINESS WEBSITE BUILDER RESPONSIBILITIES

 

A. Scope of Work

Client hereby retains the services of Business Website Builder to design a custom Website based on Client’s needs, with the design and structure entirely based on Client’s specifications and Company’s abilities. The Website will include content provided by Client through the questionnaire form provided by Business Website Builder or through other agreed communication methods.

 

The Website will be created within the Client’s Wix.com account and hosted on Wix.com servers on a month-to-month or yearly basis, according to Wix.com policies, domains, procedures, services, and availability. This is a custom website design and is limited based on Company’s design capabilities, the Wix platform’s abilities, and features accessible on the platform. Once the Website is delivered inside the Client’s Wix.com account, Business Website Builder’s responsibilities end unless additional services are agreed upon in writing.

 

B. WIX.COM Fees

For an additional monthly or yearly hosting fee charged to Client by Wix.com, Client will be the owner and admin of their own Wix.com account, website, and domain. Client will be provided by Wix.com access to the Website through their Wix.com account in order to edit, control, and change elements, such as adding pages, images, and managing emails, domains, and addresses. Business Website Builder is not responsible for Client’s Wix.com account, hosting, or domain services.

 

2. WEBSITE DESIGN

 

A. Design

Business Website Builder will design a custom Website based on the content and business information provided by the Client. The design will be based on a professional custom approach that aligns with the Wix platform’s limitations and features.

 

B. Home Page and URL

The Website will include a home page (the “first” page of the Website) accessible via a Uniform Resource Locator (“URL”). The URL will be determined by Client and registered through the Client’s Wix.com account. Client is responsible for registering, forwarding, connecting, or pointing their own domain to the Website’s URL at their additional cost. Business Website Builder is not responsible for domain registration, forwarding, or connecting services.

 

3. WEBSITE HOSTING

 

A. Server Hosting

Client agrees to maintain the Website on Wix.com Web Servers on a month-to-month or yearly basis according to Wix.com hosting policies, fees, and availability. If anything goes wrong with the website, domain, or email services provided by Wix.com, the Client must contact Wix.com directly. Business Website Builder is not responsible for hosting services, domain management, or email services provided by Wix.com.

 

B. Written Notification for Hosting Cancellation

If Client elects not to pay for Wix.com hosting or cancels their account, the website may be deleted from the Wix.com servers permanently. Business Website Builder is not responsible for maintaining, archiving, or retrieving the website or its data from the Client’s Wix.com account.

 

4. COMPENSATION

 

Operating Entity Disclosure

Business Website Builder operates as a division of Inspector Website Builder LLC. All references to “Business Website Builder” within this document refer to Business Website Builder, operating under the legal entity of Inspector Website Builder LLC.

 

A. Price for Website Design

The total starting price for all work set forth in this Agreement shall be five hundred and ninety-nine dollars ($599.00) USD, with potential additional charges based on the specific design requests and custom features desired by the Client. This price covers all work and responsibilities related to the design of the Client’s 5-page custom website within the Client’s Wix.com account, as contemplated by Business Website Builder in this Agreement. If the Client requests additional services or customizations that exceed the standard scope, Business Website Builder will provide a proposal with the agreed-upon pricing for those additional services. The Client agrees to pay this custom pricing upon acceptance of the proposal, which will serve as an amendment to the original Agreement. Once payment is received, refunds are not available, except as otherwise specified below.

 

B. Refunds and Chargebacks

By agreeing to these Terms and Conditions and making the payment for Website Design, the Client waives the right to request a refund or initiate any chargeback with their bank or payment provider. In the event a refund is granted for any reason, it will be subject to processing fees, the amount of which will be determined by the Wix Processing system at the time of refund. The Client acknowledges that any attempt to initiate a chargeback after accepting these Terms and Conditions will be considered a breach of this Agreement, and Business Website Builder reserves the right to pursue legal action and/or report the chargeback to the proper authorities for resolution.

 

C. Price for Website Hosting

Wix.com is responsible for the hosting. The price for the Server Hosting shall be set by Wix.com and chosen and agreed to by the Client with Wix.com (the “Hosting Fee”). The Hosting Fee shall commence on the date the final website is fully operational and accepted by the Client. Future Hosting Fees will be due and payable to Wix.com by the Client on subsequent monthly or yearly anniversary dates of such operational date. This hosting fee is paid by the Client to Wix.com through the Client’s Wix account. Business Website Builder is not responsible for the website hosting. Business Website Builder does not receive any portion of the hosting fees paid by the Client to Wix.com, nor is Business Website Builder responsible for any hosting-related services or support. The Client may cancel their hosting services directly with Wix.com.

 

D. Invoicing and Payment

Business Website Builder shall invoice the Client for any additional design or update services beyond the initial scope, as mutually agreed upon. The Client authorizes Business Website Builder to charge the Client’s credit card for invoices and any other sums due under this Agreement and agrees to sign any necessary authorization forms for Business Website Builder to process payments. Business Website Builder reserves the right to terminate this Agreement if the Client fails to make timely payments for any invoiced services. Unless notified otherwise in writing (via email), Business Website Builder will automatically charge the Client for agreed-upon payments. There are no refunds once services have commenced.

 

E. Written Notification

If the Client elects to discontinue monthly or yearly payments to Wix.com for hosting services, the Client must notify Wix.com directly and inform Business Website Builder of this change. Discontinuation of hosting payments may result in the website being deleted and permanently removed by Wix.com from their servers and the Internet. Business Website Builder is not responsible for archiving, saving, or retrieving any data or resources in the Client’s website, domain, email, online presence, or URL. The Client is the sole owner and administrator of their Wix.com account and website after the initial design work is completed by Business Website Builder.

 

F. Client Responsibilities 

Upon scheduling the included 30-minute setup meeting, the Client grants permission to the Company to apply a $30 charge to the Client’s card if the Client is late or fails to attend the meeting. A late arrival is defined as arriving more than 10 minutes after the scheduled time.

 

5. NO CONFIDENTIAL INFORMATION

 

Client agrees that any information shared with Business Website Builder will not be confidential or proprietary to any third party.

 

6. INDEMNIFICATION / NO INFRINGEMENT

 

Client agrees to indemnify Business Website Builder for any intellectual property infringement or violation arising out of the design or content of the Website.

 

7. LIMITATION OF LIABILITY

Business Website Builder’s liability is limited to the amount paid by Client under this Agreement. Business Website Builder is not liable for any indirect, incidental, or consequential damages arising from this Agreement or services provided.

 

Upon Client’s acceptance of website ownership, the Client assumes full responsibility for the website and its ongoing functionality. The Company disclaims any liability for technical issues post-ownership transfer, including but not limited to issues related to the domain name, email, hosting, or accessibility. The Company’s role in the setup process is limited to screen-share guidance, and ongoing management and resolution of technical issues rest solely with the Client as the website owner.

 

8. PRIVACY POLICY

 

Business Website Builder’s Privacy Policy is available at [insert URL], and Client agrees to its terms.

 

9. NO REPRESENTATIONS AND NO WARRANTIES

 

Business Website Builder provides services “as is” with no guarantees or warranties of any kind, whether expressed or implied. Client acknowledges that Business Website Builder does not guarantee revenue increases, visitor growth, or any other business outcomes.

 

10. TERMINATION

 

A. Termination of Agreement

Business Website Builder may terminate this Agreement at its discretion, providing written notice to the Client. Client may also terminate this Agreement with 14 days written notice but will still be liable for any outstanding payments, including work completed up until termination.

 

11. UNAUTHORIZED ACCESS OR USE

 

Business Website Builder is not liable for unauthorized access or data loss related to Client’s Wix.com account.

 

12. STATUTE OF LIMITATIONS

 

Any claim related to this Agreement must be filed within one (1) year of the event giving rise to the claim.

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13. FORCE MAJEURE

 

Neither party is liable for delays or failures due to events beyond their control, including natural disasters, war, or labor strikes.

 

14. NO AGENCY

 

Client is not an agent or representative of Business Website Builder.

 

15. APPLICABLE LAW / VENUE / WAIVER OF JURY / ATTORNEY’S FEES

 

This Agreement is governed by the laws of North Carolina. Any disputes will be resolved in courts located in Raleigh, North Carolina.

 

16. CLIENT’S ELECTRONIC AGREEMENT

 

By checking the box indicating acceptance of these Terms and Conditions, Client agrees to be bound by this Agreement.

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17. AGREEMENT BINDING ON SUCCESSORS

 

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors, and assigns.

 

18. WAIVER

 

No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement. Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of the right to later enforce that provision.

 

19. SEVERABILITY

 

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

 

20. ASSIGNABILITY

 

This Agreement is personal to the Client and may not be assigned by any act of the Client or by operation of law unless in connection with a transfer of substantially all the assets of Business Website Builder or with the consent of Business Website Builder, whose consent shall not be unreasonably withheld.

 

21. INTEGRATION

 

This Agreement constitutes the entire understanding of the parties, revokes and supersedes all prior agreements between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may be in conflict therewith.

 

22. MEDIATION AND DISPUTE RESOLUTION

 

If a dispute arises out of or relates to this Agreement, the parties agree to first attempt to resolve the dispute through mediation. Mediation will be conducted in Raleigh, North Carolina. Each party will bear their own costs and expenses for the mediation. If mediation fails, disputes will be resolved through litigation in the courts of Raleigh, North Carolina, as described above.

 

23. CLASS ACTION WAIVER

 

The parties agree that any claims or disputes related to this Agreement must be brought on an individual basis. This means that you waive any right to participate as a plaintiff or class member in any purported class, collective, or representative proceeding, whether brought by private attorneys or by others.

 

24. STATUTE OF LIMITATIONS

 

No action, regardless of form (including in contract, tort, or otherwise), arising in connection with the performance of this Agreement may be brought by either party more than one (1) year after the occurrence on which the action is based.

 

25. FORCE MAJEURE

 

Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, labor disputes, governmental actions, internet outages, and failures of third-party providers (including Wix.com).

 

26. CLIENT’S ELECTRONIC AGREEMENT

 

By checking the box indicating acceptance of these Terms and Conditions and proceeding with the purchase, Client acknowledges and agrees that they have read, understood, and accepted all the terms and conditions set forth in this Agreement. Client further acknowledges that this electronic agreement constitutes a legally binding contract between the Client and Business Website Builder, and the Client’s electronic acceptance serves as the Client’s signature.

 

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have each caused to affix their hand and seal the day indicating October 28, 2024.