Terms of Service

WebSoft Terms of Service

Effective Date:  July 14, 2024

Welcome to WebSoft! These Terms of Service (“Terms”) govern your use of our web development services and related offerings. By accessing or using our services, you agree to abide by these Terms. Please read them carefully.

1. Acceptance of Terms

By using our website, signing a contract, or otherwise engaging with WebSoft’s web development services, you agree to these Terms. If you do not agree with any part of these Terms, you must not use our services.

2. Services Provided

WebSoft offers a range of web development services, including but not limited to:

Website Design and Development: Custom website creation, design, and development.
Maintenance and Support:  Ongoing support, updates, and maintenance for existing websites.
SEO and Digital Marketing:  Search engine optimization, marketing, and promotion services.
Consulting:  Strategic advice on web development, technology, and digital strategy.

3. Service Agreement

3.1 Scope of Services

The specific services to be provided will be outlined in a separate Service Agreement or Proposal. This document will detail the project scope, deliverables, timelines, and fees.

3.2 Changes to Scope

Any changes to the scope of services must be agreed upon in writing. Additional work outside the original scope will be subject to additional charges.

4. Client Responsibility

4.1 Information Provision                                                                                                                                                You agree to provide WebSoft with accurate, complete, and timely information necessary for us to perform the services. This includes content, images, and any other materials required for your project.

4.2 Feedback and Approval

You are responsible for reviewing deliverables and providing timely feedback. Delays in feedback may impact project timelines.

4.3 Compliance

You agree that all content provided for your website complies with all applicable laws and regulations and does not infringe on any intellectual property rights.

5. Payment Terms

5.1 Fees

Fees for services will be outlined in the Service Agreement. Payment terms, including due dates and amounts, will be specified in the Agreement.

5.2 Late Payments

Late payments may incur interest charges or additional fees. If you do not pay on time, we reserve the right to suspend or terminate services.

5.3 Refunds

Refunds are issued at our discretion and only in circumstances where we are unable to fulfill the agreed-upon services.

6. Intellectual Property Rights

6.1 Ownership

Unless otherwise agreed, WebSoft retains ownership of all intellectual property created during the project until full payment is received. Upon payment, ownership rights for the deliverables will be transferred to you.

6.2 License

You grant WebSoft a non-exclusive, worldwide, royalty-free license to use project deliverables for portfolio purposes and promotional activities.

7. Confidentiality

We will not disclose any confidential information shared by you during the course of the project. Similarly, you agree to keep all proprietary information related to our services confidential.

8. Termination

8.1 Termination for Convenience

Either party may terminate the Service Agreement with written notice. In such cases, you are responsible for paying for any work completed up to the termination date.

8.2 Termination for Cause

We may terminate the agreement if you breach these Terms or fail to meet your responsibilities. In such cases, you will be liable for any outstanding payments.

9. Limitation of Liability

To the fullest extent permitted by law, WebSoft shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of our services. Our liability is limited to the total amount paid for the specific services in question.

10. Indemnification

You agree to indemnify and hold WebSoft harmless from any claims, damages, or liabilities arising from your use of our services or content you provide.

11. Warranties and Disclaimers

11.1 No Warranties

We do not warrant that our services will be error-free or that the results will meet your expectations. All services are provided **“as is”** and **“as available.”**

11.2 No Endorsements

References to third-party products, services, or websites do not imply endorsement. We are not responsible for the content or practices of third-party sites.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the jurisdiction in which WebSoft operates.

12.2 Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association or a similar body.

13. Modifications to Terms

WebSoft reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services constitutes acceptance of the updated Terms.

14. Contact Us

If you have any questions about these Terms or our services, please contact us at:

**WebSoft Inc.**
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]

15. Entire Agreement

These Terms, along with any Service Agreements or Proposals, constitute the entire agreement between you and WebSoft regarding our services. Any prior agreements or understandings are superseded by these Terms.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17. Force Majeure

We are not liable for any failure to perform our obligations under these Terms due to circumstances beyond our control, including but not limited to natural disasters, war, or technical failures.

18. Privacy Policy

Your use of our services is also governed by our [Privacy Policy](#), which explains how we collect, use, and protect your personal information.

19. Affiliate Relationships

Our [Affiliate Disclosure](#) explains our participation in affiliate marketing programs and how it may impact your experience with our services.

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Terms of Service Summary

Services: Web development, maintenance, SEO, and consulting.
Client Responsibilities: Provide accurate information and feedback.
Payment: Fees, late payments, and refunds outlined in the Service Agreement.
Intellectual Property: Ownership and licensing details.
Confidentiality: Protection of confidential information.
Liability: Limitations and disclaimers.
Dispute Resolution: Legal jurisdiction and arbitration.
Modifications: Changes to Terms and continued use.
Contact: [Email Address] | [Phone Number]

Legal and Regulatory References

Federal Trade Commission (FTC): [Guides for Advertising](https://www.ftc.gov/tips-advice/business-center/guidance/advertising-and-marketing-guide-small-businesses)
General Data Protection Regulation (GDPR): [EU Data Protection Law](https://gdpr.eu/)
California Consumer Privacy Act (CCPA): [CCPA Overview](https://oag.ca.gov/privacy/ccpa)
American Arbitration Association (AAA): [Arbitration Rules](https://www.adr.org/Rules)

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This Terms of Service template ensures that you cover essential legal aspects, provide clear guidelines for clients, and comply with relevant regulations. Make sure to consult with a legal professional to tailor this document to your specific business needs and legal requirements.

Related Policies

For more details, please review our:

**[Privacy Policy](#)**
**[Cookie Policy](#)**
**[Affiliate Disclosure](#)**

These documents provide additional information about our practices and your rights.

 **Terms of Service Acknowledgment**

By engaging with WebSoft’s services, you acknowledge that you have read, understood, and agreed to these Terms of Service.

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