Terms of Service

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Terms of Service

Welcome to Webtrify’s services. If you choose to engage our services, you are agreeing to comply with and be bound by the following terms and conditions, which govern Webtrify’s relationship with you as the client. If you disagree with any part of these terms and conditions, please do not use our services.

The term Webtrify or ‘us’ or ‘we’ refers to the owner of the services provided. The term ‘you’ refers to the client utilizing our services.

The use of our services is subject to the following terms:

  1. Payment and Invoicing
    • Payment Terms: When engaging Webtrify’s services, you agree to adhere to our payment terms as specified in the separate payment agreement. This agreement outlines the payment schedule, methods, and any applicable fees.
    • Late Payments: Clients are responsible for ensuring timely payments. Failure to make payments by the specified due dates may result in the suspension or termination of services, as outlined in our payment agreement.
  2. Security Responsibility:
    You acknowledge and understand that the security of your information and data is primarily your responsibility. You are responsible for maintaining strong, unique passwords and ensuring that your login credentials are not compromised. Unauthorized access, breaches, or loss of data resulting from weak passwords, unauthorized access, or insecure network connections shall not be attributed to Webtrify.
  3. Regular Updates and Maintenance:
    To safeguard the security of your website, Webtrify offers a monthly maintenance plan designed to keep your website’s code and software up to date. While we strive to provide the best security measures available, it’s important to recognize that software and security threats are continually evolving. Despite our best efforts to maintain security, there may always be someone attempting to breach it.
  4. Third-Party Integrations:
    Your website may utilize third-party integrations, software, or services. While we make every effort to ensure the security of these integrations, we cannot guarantee their absolute immunity to attacks. Therefore, Webtrify cannot be held responsible for any successful attacks or security breaches that may occur within third-party integrations or software.
  5. Our Assistance:
    We are committed to assisting you with the maintenance and security of your website to the best of our abilities. Our monthly maintenance plan includes regular updates, security patches, and proactive monitoring. Should you require assistance with security-related matters, Webtrify is here to help.
  6. Evolving Threat Landscape:
    It’s essential to understand that the digital landscape is constantly evolving, and security threats are continually emerging. Webtrify remains dedicated to staying informed about the latest security practices and implementing necessary measures to protect your website.
  7. No Absolute Security:
    While we employ stringent security measures, it is impossible to guarantee absolute security against all potential threats. Security is a shared responsibility, and we encourage you to collaborate with Webtrify to enhance your website’s security.
  8. Limitation of Liability:
    Webtrify has consistently maintained a firm stance regarding liability in situations involving security-related issues, breaches, or unauthorized access. Our commitment to maintaining the highest standards of security is unwavering. However, it is crucial to understand the limitations associated with the ever-evolving digital landscape and the inherent risks that exist despite our continuous efforts to bolster security.

    We want to emphasize that while Webtrify diligently implements rigorous security measures and employs best practices to protect your website and data, no system can provide absolute immunity to threats. The nature of cybersecurity is dynamic, with new threats emerging regularly. Despite our proactive approach to security, it is impossible to guarantee the complete absence of vulnerabilities or unforeseen events.

    As a result, Webtrify cannot assume liability for any damages, losses, or costs incurred by you, the user, or any third party due to security-related incidents. This includes but is not limited to:

    • Unauthorized access to your website or data.
    • Breaches or compromises of security measures, whether internal or external.
    • Loss of data or information, including but not limited to user data, financial information, or any other form of digital assets.
    • Any consequential damages or losses, whether direct or indirect, arising from security-related issues.

    Our commitment remains steadfast in providing you with a secure online environment and prompt assistance in mitigating potential threats. However, it is essential to recognize that the shared responsibility for security includes your active participation in maintaining the confidentiality of your credentials, promptly applying security updates, and implementing best security practices.

    We encourage you to collaborate with Webtrify, stay informed about emerging threats, and take proactive steps to enhance your website’s security. By acknowledging the shared responsibility for cybersecurity, we can work together to minimize risks and ensure the ongoing protection of your digital assets.

    Webtrify remains dedicated to transparency, continuous improvement, and delivering secure online solutions. Should you have any questions or concerns regarding our security practices or this limitation of liability, please do not hesitate to reach out to us for further clarification.

  9. General Limitation of Lability:
    In no event will the Developer be liable to the Client or any third party for any incidental, indirect, special, or consequential damages, including but not limited to loss of revenue, loss of profits, or loss of business opportunity, even if the Developer has been advised of the possibility of such damages.

  10.  Termination of Services
    • Termination Policy: Both Webtrify and clients have the right to terminate services. Our termination policy, detailed separately, outlines the conditions under which services may be terminated, including breach of contract, non-payment, or other specific circumstances.
    • Consequences of Termination: Upon termination of this agreement, the Developer will invoice the Client for any work completed to date, and the Client agrees to pay the final invoice according to the terms of this agreement. The Client must also return any property belonging to the Developer. Any provisions of this agreement that, by their nature, should survive termination will remain in effect after termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  11. Ownership of Assets
    Upon full payment, all rights to the website’s source code, design elements, and any related intellectual property will transfer from the Developer to the Client. Until such payment is made in full, all code, design, and work product remain the exclusive property of the Developer. The Developer may, at its discretion, allow for the use of its work but retains the right to withdraw permission or alter terms of use at any time until full payment is received. The Developer also retains the right to showcase completed work for promotional purposes, subject to confidentiality and intellectual property rights.

  12. Force Majeure
    Neither party shall be liable for any failure to perform its obligations where such failure results from any cause beyond the reasonable control of the party, including but not limited to mechanical, electronic, or communications failure or degradation (including ‘line-noise’ interference). Such circumstances include but are not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

  13. Changes to Services
    • Modification of Services: Webtrify reserves the right to modify, suspend, or discontinue any aspect of our services. In such cases, clients will be informed of any significant changes and their impact.
    • Client Initiated Termination: The Client may choose to terminate the Services at any stage. In such cases, the Client is required to pay for all work completed up to the point of termination.
    • Developer Initiated Termination: In unforeseen circumstances where the Developer cannot render the Services, the initial deposit remains non-refundable, and the Client may be required to cover costs for work done to date.
    • Indemnification: The Client agrees to indemnify the Developer against any loss or damage caused due to the Client’s actions that adversely affect the Developer. This includes any direct, indirect, or consequential damages arising from the Client’s actions.
    • Service Availability: While we strive to maintain uninterrupted service availability, occasional downtime may occur for maintenance or unforeseen circumstances. Clients will be notified when possible.
    • Limitation of Liability: The Developer’s liability for any indirect or special damages arising from these Terms is limited. The Client acknowledges the risks involved and agrees to the liability terms as part of engaging the Services.
  14. Severability Clause
    If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions of this agreement will remain in full force and effect.

  15. Acceptance
    By initiating a project with the Developer, the Client agrees to these Terms. This acceptance constitutes understanding and agreement to the Terms as the governing policy for the provided Services.

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