Website Services Agreement

Website Services Agreement

Last updated: 17 May 2023

 

These are the terms and conditions on which we supply our Services to you. Please read these terms carefully before ordering with us. If you think that there might be a mistake in this Website Services Agreement, please inform us by contacting us at [email protected].

1. Introduction.

1.1. This Website Services Agreement (together with Privacy Policy) will apply to any contract between you and us for the sale of Services to yourself. Please read this Website Services Agreement (“Agreement”) carefully and make sure that you understand them, before ordering any Services from website www.www.webassist.me (“Website”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, including, without limitation, aforementioned Privacy Policy and procedures that may published from time to time on this Website by us.

1.2. Use of this Website or any part of it constitutes your acceptance of this Agreement, which take effect on the date of which you first use this Website. This Agreement does not affect your statutory rights. If you refuse to accept this Agreement, you will not be able to order any Services from the Website and must to discontinue use and leave this Website.

1.3. For the avoidance of doubt any reference to “us” “we” or “our” in these Terms refers to Webassist and any reference to “you” or “your” refers to collectively you, your employees and agents as a purchaser of the Webassist Services.

1.4. It is a condition of a user accessing and reading the Website that Webassist disclaims all warranties in respect of the same whether express or implied in relation to the material published on the Website. Your statutory rights as a consumer are not affected.

1.5. We reserve the right to amend this Agreement from time to time. Every time you wish to place an order you should check this Agreement to ensure you understand the terms and conditions of the Agreement which will apply at that time.

2. Service. 

2.1. We provide customers with services as described in this Agreement and based on the Service they choose to purchase.

2.2. Services include, if included in the package purchased or ordered separately by you: SERP Analyzer, Keyword research, Competitor research, Full SEO Audit and any other services and packages offered on the Website from time to time. Please read carefully each service description on the Website. You understand and agree that we do not guarantee any results of your website visibility up to certain levels and website speed up to a certain levels.

2.3. Unless previously agreed to in writing Service does not include customer website redesign, custom images or artwork, new content, copywriting, localisation, custom script design, hosting, ecommerce related services, social media management, shopping cart purchase/rental, SSL certificate costs, domain name registration and other services other than offered on the Website. All excluded services can be handled by us at additional cost, billed to you, if agreed upon.

2.4. You understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the Service may include certain communications from us, such as service announcements, administrative messages, and newsletter(s), and that these communications are considered part of the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new features, methods, processes or parts to the Service, shall be subject to this Agreement.

2.5. You understand and agree that the Service is provided “AS-IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any customer communications or personalization settings.

2.6. You understand and agree that you are responsible for obtaining access to the Service, and that access may involve third-party fees, e.g., internet provider or airtime charges. You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

2.7. We may have to suspend delivery of Service to you to:
2.7.1. deal with technical problems or make technical changes;
2.7.2. update the Service due to changes in relevant laws and regulation; and/or
2.7.3. make changes to the product as notified by us to you.

3. Registration and Account.

3.1. In order to use our Service, you must register your account (“Account”) by registering your details on our Website. In consideration of your use of the Service, you represent and that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Republic of Estonia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself requested by us when setting up your Account and (b) maintain and promptly update your Account information and keep it true, accurate and complete and (c) and acknowledge that you will not use the Service for any illegal purpose or to commit any illegal activity, including fraud, theft, money laundering or impersonalisation and (d) that you will not access the Service through automated means or use the Service if you are located in a country embargoed by the republic of Estonia or are on list of sanctioned persons of the republic of Estonia. Failure to comply with this requirement may result in the cancellation of your Account and the loss of previously purchased Services.
3.2. If you provide any information that is untrue, inaccurate, not current or is incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or is incomplete, we have a right to suspend or terminate your Account and refuse any and all current or future use of the Service or any portion of it.
3.3. You will create a password and login to your Account upon completing the Account registration process. You agree to: (a) not share your Account login and password with anyone other than your authorized representatives, and (b) ensure that all persons permitted to use Account know and agree in writing to be bound with the terms and conditions of this Agreement. You are responsible for maintaining security of the password and Account credentials, e.g., login etc. You are fully responsible for all activities that occur under your password and your Account.
3.4. You agree to: (a) immediately notify us of any unauthorized use of your password or your Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.
3.5. We cannot and will not be liable for any loss or damage arising from your failure to comply with Section 3 of this Agreement.

4. Fees, Limitations on Refunds and Cancellation Fees.

 

4.1. You agree to pay us any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any Service. YOU FURTHER AGREE THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY YOU, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES FOR SERVICES WHICH HAVE BEEN STARTED OR PROVIDED PARTIALLY OR IN FULL. YOU FURTHER AGREE TO PAY UPON CANCELLATION ANY OTHER AMOUNT DUE TO US FOR SERVICE PROVIDED AT YOUR REQUEST. WE ARE HEREBY AUTHORIZED TO CHARGE YOUR CREDIT OR DEBIT CARD OR OTHER PAYMENT MECHANISM FOR ANY AMOUNT OWDE FROM TIME TO TIME BY YOU TO US.
4.2. The fee for the Service will be the fee indicated on the order pages when you place your order. We will do our best to ensure that the fee of the service provided to you is correct. However, please read this Section 6 further to discover what happens if we discover an error in the fee of the Service you order.
4.3. Sometimes we need to make changes to the price of some of our products. When price change happens, we’ll update prices on our Website. If you placed order for a product before the price change, the price will be as stated on the Website at the time your order was placed. Services can be cancelled by you at any time by clicking the link on you customer profile page or submitting written notice to us.
4.4. Although it is highly unlikely, but it is possible that some of the Services we sell may be incorrectly priced. We normally check fees, before we will accept your order. If the Service’s correct fee of in your order is less than our stated fee at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may end the Agreement, refund you any sums you have paid and terminate Service delivered to you.
4.5. We accept payments in US Dollars, Euros, and Pound Sterling (and other currencies available to you on an order page) by credit card (e.g., Visa, Mastercard etc.). We accept payments by credit card, debit card, or wire transfer. We may change our used currencies list at any given time.
4.6. Your credit card or debit information is secure. All information included with your order is encrypted for privacy while in transit.
4.7. From time to time, we may offer discount vouchers for sale or free of charge. The discount vouchers allow you to purchase some of our Services at a discount. Note that all discount vouchers are non-refundable and have expiration dates.
4.8. If you reject the charge of the payable fee(s) (“chargeback”), the action shall be considered a breach of your payment obligations, and your use of the Service may be automatically suspended and/or terminated. In such case, we reserve the right to block your customer profile without any option to repurchase or re-use it. Access to your customer profile shall not be regranted until you pay any applicable fees owing in full. If you have any questions or concerns regarding a fee payment collection or attempt made by us, we encourage you first contact our customer support team at [email protected] before filing a Chargeback. We reserve our right to dispute any chargeback received, and to provide relevant credit company, financial institution or bank with any information proving that you is responsible for the applicable fee(s) and did authorize the transaction to us.

5. Your Responsibilities and Nature of Relationship.

5.1. For the purposes of providing the Service, you agree to:
5.1.1. properly convey to us the information that needs to be changed or added,
5.1.2. answer any questions from us, in regard to Service provision, promptly,
5.1.3. providing us with access to your website for the purpose of providing the Service,
5.1.4. providing us access to your webhosting account, providing active username / password combinations for access to the server via FTP, assuring that “write permission” are in place on hosting provider.
5.2. You accept sole responsibility for all your actions using our Website. You will not use our Services for any illegal purpose. You are responsible for not violating the laws of your jurisdiction, including but not limited to copyright, intellectual property, trademark, design patent and related laws.
5.3. During the duration of this Agreement, you agree that we will be the sole provider of Service for the website, and no other party will have access to or rights to change your website. Otherwise we are not responsible for any errors that created and must be repaired and will be charged to you by us separately.
5.4. We are not responsible for changes made to your website by other parties, including yourself, and/or third-party plugins that may become unusable as a result of Services performed.
5.5. Because of the nature of our business, we are providing the Service to multiple customers simultaneously. We schedule all work in advance to maintain a workflow that is conductive for our business and for all of our customers. Therefore you understand and agree that the scheduling of the tasks is totally at our discretion. The only time we lower priority of one customer’s tasks and rise priority of another customer task is in the case of emergency. Unless your website problem interrupts your business monetarily (e.g., direct damage is caused), for instance an ecommerce site that goes down or has problems with checkouts, or it is totally down or offline, it is not considered an emergency. We will provide the Service purchased, however we do it in accordance with our schedule. This is the only way we can be fair to all of our customers.
5.6. The relationship between you and us under this Agreement is one of independent contractors, and no joint venture, partnership, agency, employer – employee, or similar relationship is created in or by this Agreement. Neither party may assume or create obligations on the other party’s behalf, and neither party may take any action that creates the appearance of such authority.
5.7. We may use a sub-contractor to perform our obligations under this Agreement; provided, that our use of a sub-contractor shall not release us from any duty or liability to fulfil our obligations under this Agreement.

6. Your rights to end the Agreement.

6.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Agreement, as set out below. We’re under a legal duty to supply Services that are in conformity with this Agreement and nothing in these terms will affect your legal rights.
6.2. Service is faulty or differs substantially from how it is described on our website. You may have a legal right to end the contract (or to get the Service replaced or to be given a refund). In this case, the return will be free provided you return the product to us within 30 days (unless stated otherwise on our website) from the date you receive it.
6.3. Other reasons as set out below. The contract will end immediately, we will refund you in full for any Service which you have paid for, but which have not been supplied to you. The reasons are:
6.3.1. we have informed you about an upcoming change to the Service or these Terms which you do not agree to;
6.3.2. we have informed you about an error in the price or description of the Service you have ordered, and you do not wish to proceed;
6.3.3. we have informed you that supply of the Service may be significantly delayed because of events outside our control;
6.3.4. we have suspended supply of the Service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or
6.3.5. you have a legal right to end the Agreement because of our breach of the Agreement.

7. Refunds.

7.1. If you have reason to believe that you were charged in error, You may provide a written notice to our Customer Support and request to cancel your Fee. When eligible, Fee cancellation can be performed by Customer Support only up to a period of 14 days from the Fee payment date, and only if the Service associated with the Fee have not been started to commence as described in clause 4.1. (“Refund Period”). In the event that we determine that You are entitled to a refund of all or part of the payments you made, e.g., top-up of your account without paid Services used or there is a still remaining balance on your account is available, we will refund you in full or in part. Such refund shall be made using the payment method originally used by you. Eligibility to cancel a Fee will be assessed by our Customer Support team based on a number of factors, including, without limitation, violations to our Terms and improper usage of the Webassist Services.

7.2. If you reside in a jurisdiction that requires different Refund Period, you need to inform us, and we will accommodate such applicable legal requirements.

7.3. Note that a Refund amount may be different than the Fees, due to currency changes and service providers’ fees. For the sake of clarity, we will not be responsible for such differences.

7.4. At our sole discretion and as an act of goodwill, we may credit your account even if we believe that you do not have the right for a refund under the terms.

7.5. If you have any questions or concerns regarding a fee payment collection or attempt made by Webassist, we encourage you to first contact our Customer Support team before filing a Chargeback.

7.6. If you reject the charge of the payable Fees (“Chargeback”), the action shall be considered a breach of your fee payment obligations, and Your use of our Services may be automatically suspended and/or terminated. If, at any given time, we record a decline, chargeback or other rejection of a charge of any Fee, your account, along with paid Services, may be blocked, cancelled and/or disabled.

7.7. We reserve our right to dispute any Chargeback received, and to provide the relevant credit company, financial institution or bank with any information proving that you are responsible for the applicable Fees and did authorize the transaction to Webassist.

8. Our rights to end the Agreement.

8.1. We may end the Agreement due to your breach of it. We may end the Agreement for a product at any time by writing to you if:
8.1.1. within a reasonable time of us asking for it, you do not provide us with information that is necessary for us to provide the Service; or
8.1.2. within a reasonable time you do not allow us to deliver the Service to you.
8.2. If we end the contract in the situations set out in this Section 8, we will not refund any money you have paid us for the Service we have not delivered to you due to your fault.

 

9. Responsibilty. 

9.1. Foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for direct loss or damage you suffer that is a foreseeable result of our breaking this Agreement, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

9.2. Limitation of our responsibility. We are not responsible for any use of the Website, including any ordering of Service, that results in:
9.2.1. losses that could not have been foreseen by both parties at the conclusion of the Agreement;
9.2.2. losses that were not caused by any breach on our part;
9.2.3. commercial losses and / or losses of non-consumers.
9.3. Lawful use of the Website. You agree to use the Website only for lawful purposes and in a manner that does not infringe, restrict or impede the use and enjoyment of our Website by any third party, such limitation or prohibition includes, without limitation, behaviour that is illegal or may bother or cause distress or inconvenience to any person, or transmit obscene or offensive content or disrupt the normal flow of dialogue on the Website.

9.4. In no event shall we or our supplier be liable for any damage, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use the materials on our Website, even if we or our authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or liability for consequential or incidental damages, these limitations may not apply to you.

10. Privacy policy and email marketing.

10.1. Our Privacy Policy, which is available on our Website, explains how we collect, use and store your personal information, including with whom we may share it; how long we keep it; the circumstances under which we or others may contact you, including sending you advertising and marketing communications; and your rights in relation to your personal information.
10.2. We also use cookies or similar technologies to store certain types of information every time you use our Website. You can find out more about how we use cookies and other similar technologies in our Cookies Policy, which is available on our Website.
10.3. Information relating to our email marketing sent to customers can be found in our Privacy Policy available on our Website.

11. Fraud prevention and use of internet bots.

11.1. We take fraud very seriously and we do everything in our power to prevent fraud. If false or inaccurate information is provided and fraud is detected, details will be shared with the fraud prevention agencies.
11.2. We employ best practise fraud and bot prevention solutions. Examples of unauthorised bots include those internet bots that use an excessive amount of hosting resources, automatically add items to basket without our prior consent, or impact the shopping user experience for other customers.
11.3. We reserve the right to block any unauthorised bots from our websites (either ourselves and/or through third parties such as security fraud prevention services), and to immediately suspend or close any accounts which we reasonably suspect of using unauthorised bots.
11.4. You agree to indemnify and reimburse us for all losses, costs and expenses that we incur in connection with the violation of these rules regarding Fraud Prevention and Use of Internet Bots.

12. Copyright.

12.1. Any material found on the pages of the Website, including but not limited to text or images, is the property of Webassist and may not be copied, reproduced, republished, uploaded, published, broadcast or transmitted in any way other than your personal non-commercial using. You hereby agree not to adapt, modify or create any derivative works based on any material contained on this Website.


13. Disclaimer.

13.1. We provide the Website on an “as is” basis and do not warrant that the functions contained in and the material on the Website will be uninterrupted, or error or defect free, or that the Website or the server that makes it available are free of viruses or bugs. Further we do not represent the full functionality, accuracy, reliability of the materials on the Website.

13.2. In addition, we make no and disclaim all representations or warranties of any kind, express of implied, with respect to the Website or the information or content included on it.

13.3. We do not warrant or make any representations concerning the accuracy, likely results, or reliability to such materials or on any sites linked to this Website.

14. Revisions of Errors.

14.1. The materials appearing on the Website could include technical, typographical, or phonographic errors. We do not warrant that any of the materials on our Website are accurate, complete, or current. We may make changes to the materials contained on our Website at any time without notice. We do not, however, make any commitment to update the materials.


15. External websites.

15.1. As a convenience for our customers and our Website users, our Website may include links to other websites or material which are beyond our control. We are not responsible for the content of external websites linked on the Website.

16. Force majeure.

16.1. We are not responsible for failure or delay in the performance of any of our contractual obligations caused by force majeure. Force Majeure, which means any action or event outside our reasonable control, such as, but not limited to, strikes or strikes by third parties (but not those caused by our own employees), civil unrest, disorder, intrusion, terrorist attacks, war (declared or not), threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster (“Event”).
16.2. If an Event takes place that affects the performance of our obligations under tis Agreement:
16.2.1. we will contact you as soon as reasonably possible to notify you; and
16.2.2. our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event. Where the Event affects our delivery of products to you, we will arrange a new delivery date with you after the Event is over.
16.2.3. You may cancel this Agreement affected by an Event. To cancel please contact our customer support at [email protected]. If you opt to cancel, you will have to return any relevant Service you have already received, and we will refund the price you have paid.

17. Miscellaneous.

17.1. These Terms are governed by the laws of the republic of Estonia. You and we can bring legal proceedings in respect of the Service in the courts of the Republic of Estonia.

17.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.3. We may transfer our rights and obligations to another organization, but this will not affect your rights or our obligations under this Agreement.

17.4. You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.

17.5. We reserve the right to amend this Agreement from time to time without notice. The most up-to-date version of this Agreement will always be displayed on our Website so please have a look before placing an order for our Service to ensure you know about any changes which may have been made since your last visit to our Website.

17.6. Each of the clauses of this Agreement is valid separately. If any court or relevant authority decides that any of the clauses are illegal or unenforceable, the remaining clauses remain in full force and effect.

17.7. Our failure or delay in exercising any rights, powers or remedies provided for in these Terms or otherwise available in relation to this Agreement by law or in equity does not constitute a waiver of our right to exercise any such or other rights, powers or correct or require such compliance by you of your obligations under these Terms. In the event we do waive a default we will do so in writing on a case-by-case basis.

18. Who we are and how to contact us.

18.1. We are WEB DIY ASSIST LTD // Reg: 15385304 // 4 Meadowbank, London, United Kingdom, NW3 3AY (“Webassist”).

18.2. You can contact us at [email protected] or [email protected].
18.3. If we have to contact you, we will send you an email to the email address you provided to is in your order.