Web Aika LLC. General Terms and Conditions of Service
BY SIGNING UP, MAKING USE OF, ENGAGING IN, ORDERING ANYTHING AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR PRODUCTS OFFERED BY Web Aika LLC. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS & CONDITIONS SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of any of the following: (1) your electronic signature on or acceptance of this Agreement, (2) the activation of your account or (3) your receipt of an e-mail from WEB AIKA confirming your order (4) payment of the invoice that may or may not contain link to these terms of services whichever happens first. THIS AGREEMENT IS EFFECTIVE FOR A TERM OF YOU USING WEB AIKA’S SERVICES OR WHILE THER IS OUTSTANDING INVOICE, ACTIVE DISPUTE. ACTIVATION OF THE CONTRACT HAPPENS FOR AN INITIAL TERM OF ONE MONTH (OR LONGER IF YOU HAVE A MINIMUM OR EXTENDED TERM CONTRACT) AND IS AUTOMATICALLY RENEWABLE FOR SUCCESSIVE TERMS OF THE SAME LENGTH AS THE INITIAL TERM OR FOR SUCCESSIVE ONE MONTH TERMS IF YOU STILL ARE USING WEB AIKA’S SERVICES, HAVE OUTSTANDING INVOICE OR A DISPUTE. EXCEPT AS OTHERWISE PROVIDED HEREIN, EITHER YOU OR WEB AIKA MAY TERMINATE THIS AGREEMENT (AND YOUR ACCESS TO YOUR ACCOUNT) AT ANY TIME WITH 30 DAYS NOTICE, OR WEB AIKA MAY TERMINATE THIS AGREEMENT OR SUSPEND YOUR ACCOUNT WITH NO NOTICE FOR A BREACH OF THIS AGREEMENT. ANY AND ALL OUTSTANDING FEES (INCLUDING WITHOUT LIMITATION THOSE THAT MAY BE OWED UNDER A MINIMUM OR EXTENDED TERM PACKAGE) SHALL BE DUE AND PAYABLE UPON TERMINATION.
Revisions Policy Graphic Design or Development
We follow the simple firm and fair rule for revisions to ensure that you are getting the top-level priority and we are being compensated accordingly. A company that doesn’t charge properly for revisions ends up doing projects at a loss and neglects clients that do have resources to pay for revisions.
Once we provide our first design proof to you or build a program and it’s ready for you to review, we allow for 3 rounds of small revisions.
Definition of a small revision – Is a revision that can be accomplished under 1 hour as estimated by Web Aika, NOT THE CLIENT.
Definition of a major revision – Is any revision that requires over 1 hour of work time as estimated by Web Aika, NOT THE CLIENT.
Definition of a redesign – If vast majority of project does not match client’s expectation, a redesign of the product is possible which is equivalent of starting a project from start. In all cases this leads to loss of deposit and additional consequences. See “Redesign” sections for more details.
Definition of a round of revision – A round of revision is when you request an update / change to the design or programming of the website.
No revision is too small to count toward a quota of a round of revisions – Even if a revision takes us a minute to implement, it still counts towards quota of 3 rounds of revisions.
Understanding 3 rounds of revisions and 3-hour revision quota – Client receives 3 rounds of revisions which include:
3 rounds of revisions stop when either 3 hours of revision time has been used up or 3 rounds of revisions have been used – which ever happens first after client is notified and a standard $80 / hour rate applies.
Example where client used up 3 hours of quota time but not 3 rounds of revisions:
Client might be very organized and will be able to provide all the changes at once which would be just one revision, but it might take us 2.5 hours to complete these changes. In this case we can tap into the quota of “future revisions” 3 total hours and complete these changes within 2.5 hours. In such a case client wouldn’t be billed anything additional even through that for this round of revisions we have exceeded one hour of work time. This process happens automatically without client’s consent.
Example where client used up 3 rounds of revisions but not the 3 hours of quota time:
Client might be very unorganized and sends us a text message to change a picture to something nicer. We’ll confirm that we can change the image and will ask if client wants to see any additional changes. Client replies by saying to implement this change ASAP – Client used first round of revision even though that it took us a few minutes to swap the picture.
Following day client replies that the image doesn’t look too good and would like to have another image, again we proceed with the same sequence to see if any additional changes are needed. We implement the change and that counts toward 2nd round of revision. Story continues and this time client sends us a picture that they’d like to use. This would be 3rd round of revisions.
Client has spent 3 rounds of revisions with us working only around 15min to implement them. Client then comes back to us with a ton of different changes – now client will be charged $80 / hour which would also include project management fees of reviewing emails, communicating with designers and developers.
Moral of the story – please be organized with your revisions. The more organized you are – the more money you’ll save and the easier it will be for us to work with you.
Revision Reporting and budget Cap – We will provide reporting on the outstanding amount incurred for the revisions. Fees will need to be paid on a weekly basis prior to project being completed. On rare case fees will be accumulated and added to the final bill. It is a client’s responsibility to provide us with the budget cap that we shouldn’t exceed before we start on the project, especially when it comes to revisions. Client is liable for all outstanding payments if budget limits have not been negotiated and agreed upon prior to the work that falls outside of the standard maintanance plan.
Revisions or hourly work is billed at $500 intervals or weekly – In some circumstances when revision fees are not paid on a weekly basis a bill will be sent when outstanding balance reaches $500. If a weekly fee or outstanding balance is not paid promptly (within 3 business days) all of the work will be halted.
Obtaining information for the round of revisions – Information from you can come in form of an email, text, phone call and any other means of communication. Upon accepting your changes – we will confirm you have submitted all the changes for this round of revisions unless in the email you have written anything that implies that these are all the changes that are needed to be implemented. If you have written in the email / phone call, or text or any other means of communication that these are all the changes, that automatically classifies for confirmation for round of revisions.
We further understand that multiple steps might be needed to get to the final product. Please plan your use of rounds of revisions to optimize our work and minimize your expenses. It is your responsibility to review and understand this document thoroughly. We may provide guidance out of good intent, but are not obligated to “help” you to optimize your requests for rounds of revisions.
Confirming receipt of all the information for a round of revisions – We may or may not send you a confirmation email that will contain overview of changes for a round of revisions. Not receiving a confirmation email which specify the outline of the round of revisions does not imply that revisions are being implemented “free of charge” and does imply in any shape or form that they may not count towards revision quota of 3 revisions.
A major revision is not a redesign – Determination if client is requesting a “Huge Revision” or a “Redesign” is established solely by Web Aika LLC and NOT THE CLIENT. If client requests a lot of changes and it would fall under category of a major revision, work can be done. Major revision is any changes that will exceed your 3 hour total revision quota if we are at or under 3 revs. Please review “Understanding 3 rounds of revisions and 3 hour revision quota“.
Redesign – Redesign is equivalent of starting a project from start.
Who Determines if a change is a Redesign or a Revision – Determination if client is requesting a “Huge Revision” or a “Redesign” is established solely by Web Aika LLC and NOT THE CLIENT.
Previous Deposit, new deposit or agreement and new terms – LOSS OF THE DEPOSITORY PAYMENT IN CASE OF REDESIGN OCCURS WITH NO OPTION FOR A REFUND. Since we are starting from start with a redesign, a new depository payment will be provided to work in the new direction, or work / hour agreement will be reached. In case a depository payment provided was for graphic design + development and other services, there is a possibility for a partial refund for services that have not been worked on. In a case of such a refund additional fee might apply to reduce the refund amount which would include fees to cover schedule change resource shifts and might be up to $250. Determination of these fees are done by Web Aika LLC, not the client.
Rounds of revisions in this case are not cumulative. There are NO REFUNDS whatsoever for work that has been done and does not match client’s expectations or if there is a change of project and a redesign is needed. At times additional payments may be needed to cover time spent on the initial design and change of direction. Additional fees or outstanding amounts will be determined by Web Aika LLC. Redesign will not happen prior to full payment of the outstanding amounts. Redesign is equivalent to starting a project from start
and LOSS OF THE DEPOSITORY PAYMENT IN THIS CASE OCCURS WITH NO OPTION FOR A REFUND. Since we are starting from start with a redesign, a new depository payment will be provided to work in the new direction, or work / hour agreement will be reached.
Project Cancelation
Overview – Web Aika LLC has a right to cancel a project at any time for any circumstance. Web Aika shall not be liable for any problems, financial obligations or any problems that might arise due to the project being cancelled. Web Aika LLC shall not reimburse client in any way for any losses incurred due to cancelation of the project regardless of the nature of the cancelation or circumstances. If you need a company that will pay you for your loses in the event of the project termination or cancelation – please find another company to work with.
Refunds Policy on a cancelled project
If a project was terminated by Web Aika for reasons that are not connected to the project or the client. An example of such reasons could be
Or
If a project was terminated by Web Aika for reasons that are connected to the project or the client. An example of such reasons could be:
Or
If a project was terminated by the client,
In this case a refund to a deposit may apply for services that have not been completed yet. Additional fees may apply which would include up to $250 for staff re-allocation.
Refunds for the services that have been provided (example would be: partial graphic design, partial development work, partial marketing strategy review and consulting), are not going to be refunded. All of the files and work to-date will be provided to the client so that client could continue the project with another specialist.
Final output files / Liability, Work quality
All work is final and is not subject to revision or change – Web Aika is not liable for file, script or any type of final output regardless if the project was completed successfully or terminated by client or Web Aika or for any other circumstance. All of the work is final and as is. For example if client finds mistakes, spelling in files, type of file exported or any other type of change or request aimed at either poor quality or errors in files; Web Aika LLC shall not be held responsible to provide for free or even for a fee the correct files fixing errors and mistakes. Upon project termination, successful completion or end of business event or any other event related to stop of work on a project or for a specific client all the file outputs are final.
Automated or Manual compliance tools and checks as well as expert reviews are not honored – There are many (thousands) of tools out there from reputable companies such as Google and Microsoft to small companies that produce automatic and manual tools to review website quality (load speed, mobile friendliness of pages, script minimization…). These tools generally do not provide a well rounded and good quality output and often contradict each other. Experts also tailor their reviews to maximize errors, or they make up errors to win over the client and “redo” the website for additional fee. We will not honor any third-party review of the website, an automated tool or an expert review.
Inability to access the files and or lost file – Web Aika is not liable for safe keeping your output files. When you’ll receive output files or services please make sure to keep and retain work in a safe place and or practice proper maintanance to preserve the work done. All work is final and shall not be subject to corrections, restorations or updates once completed or terminated. Assistance may be provided to help with file recovery additional charges may apply. Assistance also may be provided to help use the product or file or service again additional charges may apply.
Website Maintanance Plan
Critical Backups and WordPress Maintenance product overview – Internet is changing fast. Core scripts are updated monthly. To keep up we recommend doing a maintenance once every month. It’s as important as changing oil in your car. Check out FAQ question “Why WordPress maintenance is so important?” (link: https://webaika.com/hosting-domains/)
We offer 2 maintanance plans:
1) Single Paged WordPress Website Maintanance (For websites with no more than 1 page) which includes:
2) Standard WordPress Website Maintanance (For websites with more than 1 page) which includes:
*Additional blog post $10 / post.<br>**Anything over is charged at $80 / hour.
Additional work on the website while website is under maintanance plan. – Any work that falls outside of the 40min of work time for Standard WordPress Website Maintanance will be billed at our standard rate of $80 / hour.
Prior to starting the work, we will provide at least a rough estimate of the amount of additional time we would require completing a specific task. Web development can be unpredictive and sometimes seemingly small task can take up a lot of development time and vise versa. We will make sure to provide the best estimate possible, but there is a good chance of us exceeding that time estimate. If you’d like to provide us with a cap on budget spent to make sure that we don’t go over budget please provide us with this info prior to us starting to work on a task that falls outside of the regular maintanance.
It is a client’s responsibility to provide us with the budget cap that we shouldn’t exceed before we start on the project. Client is liable for all outstanding payments if budget limits have not been negotiated and agreed upon prior to the work that falls outside of the standard maintanance plan.
Regular maintanance and basic hosting for WordPress websites is not supported by our servers! – We do not offer basic hosting services for WordPress websites on our server without a maintanance plan. If you decide to cancel your maintanance or have someone else maintain website for you, you will need to move your website to another hosting provider. Websites that are not maintained buy us or are not maintained at all often develop security holes that can and do damage servers and can blacklist our IP addresses. To prevent that from happening we had to set this rule. Migration can be done by a new developer or we can help with a website migration to a new hosting provider at $150 fee*
*additional charges may apply depending on complexity of the migration.
End of Maintenance plan – When Client requests to stop maintenance plan for their WordPress website following will happen:
A – We will Stop auto-billing for your hosting & maintenance plan. We will not maintain your website moving forward.
If you are hosted on our server. Our policy is that we do not host any websites that are not part of the maintanance plan. Therefore, if you are hosted on our server you will need to transfer website to another hosting provider. In this case B & C apply to you.
B – Will start a 30day period for you to transfer the website to another hosting provider (if you are hosted within our server). We are not obligated by any means to help for free to transfer out the website. We are also not obligated to provide transfer out website files. There are many ways to transfer a website, please have your new developer or take on the responsibility to transfer the website out with the method of your choice. We are also not obligated to provide free consultation to help or assist with the transfer out process. Paid assistance to transfer out of a website could be available depending on the circumstances (client relationship status, how busy we are at a given time, if we have resources at that specific time).
C – After 30 days the website will be removed from the server (if you are hosted on our server). Please make sure that everything is transferred within the 30 day transfer out period. If you need another 30 days to transfer the website, we will be charging $150 for an additional month extension. During this extension we are not doing maintenance of the website, this fee is only to give you additional time to transfer out the website and pause file deletion.
If you are not able to make a transfer within 30 days, you need to give us a heads up that you’ll need to extend the stay for another month at least 2 days prior to the end of the 30day window. If you fail to give me heads up on the extension within the 30 day transfer out period and we delete the website, we charge $50 for file retrieval and re-launching the website (on our housing + $150 month extension). All traces of the website, website files, backups, log history and everything related to your website will be deleted from our system at 60 days after you confirm the end of the maintenance plan regardless of if the website has been transferred out or not.
Refunds, credits, and reimbursement. – Website maintenance is a service and thus it is not subject to any refunds, credits or reimbursements under any conditions or circumstances.
Accountability to the website health, down time, complete loss of the website and other catastrophic events. – Website maintenance has specific and clearly defined procedures and functions outlined in the section 4.02 There are many ways in which a website can fail which includes but not limited to:
There are many more ways in which a complete loss of the website can occur. In extremely rare cases a website can’t be recovered even from a backup. Having us maintain website for you does not imply in any shape or form that your website is 100% secure and protected. In life nothing is at 100% but our goal at Web Aika LLC is to come to be as close as possible to that 100% and we are doing that by keeping 3 backups on our internal storage spanning 3 month deep, making sure that plugins and system is kept up to date and all other items that are listed in our maintenance plan.
In case a catastrophic event does occur, and your website is lost forever we are not liable for the loss of your website, loss of business and all outcome stemming from such an event. By ordering website maintenance services you agree to not initiate any legal action stemming from the loss of your business due to loss or malfunction of the website while it is under our maintenance plan. As a customer you are free to explore other web development agencies that will take up legal obligations.
In case of the catastrophic loss of the website, web Aika LLC will do our best to get your website back up and running which would include pulling your backup, reinstalling it on your server and analysis of the failure. If we are not able to restore your website fully or partially, likewise we are not to be held responsible for loss of business or future development money that you might need to spend with other web development agencies to finish the website restoration.
Domain, Hosting, External SSL Certificates, Server Health – Website maintanance does not include maintanance to any external accounts that make website function, such as your domain, hosting, external certificates, server on which it is installed and similar items. It is up to you to make sure that you have your external accounts in good standing with correct billing information and check their health status. We might offer service to extend our maintenance to these external accounts, but that would be under special case in a signed agreement.
External plugins, Integrations, Connections – Are not included in the maintanance plan. For example, if you have Zapier, connection to quick books and a process to convert data and update google doc document – that and anything similar to this is outside of the maintanance plan. We can’t control your external accounts and therefore we are not responsible for managing such integrations and connections.
Website ADA Compliance and legal action
If your business it taken to court for your website being non ADA compliant while it is under our website maintenance plan, regardless if we verbally or in writing have agreed to maintain ADA compliance for your website, we are not liable for any legal repercussions from the fallout of ADA lawsuit and are not to be held responsible for failure to meet ADA standards as per your lawsuit. You agree that you will not initiate a legal action against us to recover your loss of business, or any other loss due to your website not being ADA compliant. Final ADA compliance check for the website is your and your lawyer’s responsibility. At Web Aika LLC we only provide improvements to ADA status of your website and do not guarantee that the website will be fully compliant as per law to all ADA standards. Consult with your lawyer to ensure that your website does indeed match up to the latest ADA standards.
Legal Documents, statements, and other legal info on your website
It is up to you and your lawyer to ensure that your website meets all of the latest legal standards as per government, ADA and other laws that may or may not be applicable to your business. Any fallout from a legal action taken against your business due to problems with legal disclaimers is your responsibility.
Advice that has led to loss of business, defame, reputation change, psychological and emotional turmoil, or any other physical and non-physical damage.
We often provide advice and recommendations to leads, clients and people that we interact with. Advice, recommendation, suggestion or any other form of similar interaction is not to be taken as an official business recommendation, suggestion or action. We are not responsible for any outcome of any statements made to you weather you decide to follow our recommendations or not. We are not to be held liable in any way or form for anything related to you following or not following written or spoken recommendations or advice. You are 100% responsible for your business or lack there off.
Incorrect information on your website and loss of business to any circumstance
We do not take responsibility for incorrect information displayed on your website in any shape, form, graphic or text regardless of if it was created buy us based on your instructions or if we have made mistake and it was not discovered promptly. Loss of business due to wring links, broken links, incorrect pricing information, description or any other type of error is not our responsibility to catch and confirm accuracy. We are therefore not liable for any loss of business due to such and other similar errors.
Loss of SEO Value and disconnect from the marketing platforms
A change to the website can trigger change to SEO score and in some cases can completely obliterate rank of the website which can lead to loss of business, in rare cases it could lead to a bankruptcy of the client. We are not to be held responsible for loss of SEO value of the website under any circumstances due to any of our actions or inactions. We will certainly do our best to ensure that such event doesn’t happen but in a large organization a separate SEO specialist is needed to ensure that SEO value stays the same or improves through our maintanance plan and or changes to your website.
Disconnect from google ads, or any other ads platform due to us maintaining or changing the website likewise will not be an area of our responsibility to cover your loss of business. A separate Ads agency must be in place to monitor connections and health of the ad channels. In case of a disconnect a good quality feedback and direct communication with ads agency is paramount for us to restore the connection. In case of outright ban from platform once again Web Aika LLC is not to be held responsible.
Method of communication
We communicate with our clients via email as our primary communication method. New agreements or changes to agreements must be documented via an email correspondence. Other methods of communication (phone call, text message, zoom call…) shall not be considered valid method of communication to initiate a change to agreement of terms. If you have reached an agreement to different terms of service, it is your responsibility to follow-up via email to peter@webaika.com to send a copy of the new agreement reached via verbal, text, zoom call or any other means of communication. A new term of service is effective only when both parties agree to it via email correspondence, thus we need to respond to that email confirming the change to agreement or creation of new agreement.
Litigation and legal proceedings
In the event of a disagreement both parties (customer and Web Aika LLC) agree to the following process:
Good Will & Help – does not set a precedent
We might be helping you with getting your website back up and running or doing something that helps your business; and falls outside of these terms of service. In such cases we are doing it out of good nature, and it does not set a precedent for you to request similar changes / updates or same level of service in future.
Changes to Terms of Service
As any business changes, so are the policies and rules. This document might undergo future changes. If it does, we will email you an updated version with updated terms of service though your preferred email that you have registered with us.
