WEBSITE SERVICES AGREEMENT
This provision sets forth additional terms and conditions that apply to the purchase of Custom Website & eCommerce Design, Development, and Digital Marketing Services from Guruwebmedia.com, also known as Guru Enterprise, in addition to the terms and conditions outlined in the General Provisions and other applicable sections of the Agreement. Custom Website Services or Website refer to the specialized services offered by Guruwebmedia.com for designing, developing, and marketing websites and eCommerce platforms for clients. These additional terms and conditions are intended to define the scope and limitations of the Custom Website Services provided by Guruwebmedia.com and establish the responsibilities and obligations of both parties to the Agreement.
Guruwebmedia.com agrees to construct a website (referred to as the “website”) for the customer, as identified and defined in the associated sign-up or order process, and based on the input and direction provided by the customer. The services provided under this section are collectively known as the “custom website services” or “website”. As per the terms and conditions of this agreement, Guruwebmedia.com agrees to provide the custom website services to the customer throughout the term of this agreement. Guruwebmedia.com reserves the right to modify its custom website services offerings and to add, delete, suspend, or modify the terms and conditions of such services at any time, and it will determine whether and when such changes will apply to both existing and future customers.
In the event that Guruwebmedia.com refers the customer to a partner or affiliate for web design or logo design services and the customer engages such a partner or affiliate to provide these services, the customer agrees that Guruwebmedia.com is not responsible for the services provided by that partner or affiliate, and that the terms and conditions of that partner or affiliate will apply to the provision of those services.
The customer grants Guruwebmedia.com and its vendors and subcontractors all necessary rights and licenses with respect to the customer’s website or logo created by Guruwebmedia.com to perform its obligations under this agreement and to make a reasonable number of archival or backup copies as deemed necessary by Guruwebmedia.com. Guruwebmedia.com is not responsible for archiving files, physical products, or web pages created for the customer or documents, image work, physical goods, or files that are mailed, emailed or faxed to Guruwebmedia.com. Guruwebmedia.com is not responsible for returning any documents, files, or physical goods emailed, faxed, or mailed to us.
For the custom website service, Guruwebmedia.com will assist the customer with the design of a website using Guruwebmedia.com website building tools, including but not limited to the proprietary content management system platform, known as “ficms,” and all of its related modules (premium add-ons), plugins, and code customizations selected by Guruwebmedia.com at its discretion. These tools may include or utilize third-party applications. Certain website building tools used for the custom website service may use default templates (also called themes) subject to the terms and conditions of the GNU General Public License.
As part of the custom website services, the customer’s design will be dictated by an order form, questionnaire, and/or statement of work (the “SOW”). This level of service is an offering where a customer can request Guruwebmedia.com to design and create a website for them using state-of-the-art graphics, advanced layouts, and other features. The customer will receive a custom website designed and developed by Guruwebmedia.com. Although Guruwebmedia.com will custom design the website based on an existing pre-designed template (also known as a theme), the website may contain some features and design elements used in other websites designed by Guruwebmedia.com. If the design falls outside of this standard offering and requires additional customization, in addition to the terms and conditions set forth in this agreement and this section, the customer will be bound by the terms of the SOW, which will be prepared by Guruwebmedia.com and mutually agreed upon by the customer and Guruwebmedia.com.
The SOW may include, but is not limited to, a list or description of the services the designers will provide as part of the custom website services, a list of technical, graphic, or other specific features that will be incorporated into the website, relevant costs and payment schedule, and a description of any applicable cancellation fee or policy. The SOW will become part of this agreement and will be subject to all terms and conditions of the agreement.
To ensure that Guruwebmedia.com can perform the custom website services in compliance with this agreement, the customer (“you”) must fulfill the following responsibilities:
In the event that you provide information that is untrue, inaccurate, incomplete, or not current, or if there are reasonable grounds to suspect that the information provided is untrue, inaccurate, incomplete, or not current, Guruwebmedia.com has the right to suspend or terminate your account and refuse any and all current or future use of the custom website services, or any portion thereof. You acknowledge that Guruwebmedia.com does not pre-screen content, images, and stock, but Guruwebmedia.com and its designees have the right to remove any content that violates the Guruwebmedia.com Acceptable Use Policy (“AUP”).
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that you cannot rely on any content created by Guruwebmedia.com or submitted to Guruwebmedia.com.
The client shall agree to use the custom website services in a manner that does not interfere with or disrupt other users, services or systems on the network. Guruwebmedia.com retains the right to terminate or suspend the custom website services without prior notice if such interference or disruption is determined to exist by Guruwebmedia.com.
Such interference or disruption may include, but is not limited to:
Guruwebmedia.com retains the right to refuse, terminate or suspend custom website services without prior notice, if the client uses the services in a manner that violates or may violate the following requirements or the AUP (Acceptable Use Policy). Guruwebmedia.com also reserves the right to reject, modify, alter, or remove any website content, including language, words, text, images, designs, drawings, graphics, pictures, symbols or trademarks, if it is deemed to be in violation of the AUP or infringes upon a third party’s proprietary interests. This includes, but is not limited to, any copyright, trademark, domain registration right, trade secret, or patent right. The website content shall not indicate or imply that the website is associated with Guruwebmedia.com or that any party endorses the client’s products or services. Pornographic or obscene content is strictly prohibited.
Guruwebmedia.com does not condone or permit hosted site content that contains illegal or obscene material or promotes illegal activity. Guruwebmedia.com reserves the right to suspend or terminate immediately any site or transmission that violates this policy, without prior notice. In such an event, the client agrees that any fees paid to Guruwebmedia.com for any services rendered are considered as the appropriate compensation for Guruwebmedia.com’s time and efforts to respond to and address issues caused by the client’s illegal or obscene content. Additionally, if the client violates this agreement or the AUP, Guruwebmedia.com will actively cooperate with law enforcement agencies and government authorities to collect and submit information about the client, the website, the illegal or obscene content, and anyone who may have accessed or used the illegal or obscene content.
In addition to your obligations for indemnification as stated elsewhere in this agreement, you agree to defend, indemnify, and hold Guruwebmedia.com and all its officers, directors, employees, agents, affiliates, co-branders, or other partners, and employees of any of the foregoing, harmless from any and all losses, damages, or deficiencies arising from any third-party claims related to your website, including but not limited to website content or URL, and all costs and expenses related to any legal action, lawsuit, proceedings, claims, demands, assessments, or judgments, regardless of their merits, including reasonable legal fees and expenses, whether in connection with the foregoing or in connection with Guruwebmedia.com’s enforcement of such rights or defense and indemnity.
This section of the agreement outlines the ownership rights of the client and Guruwebmedia.com over the website content, domain name, and intellectual property rights.
Firstly, the client is responsible for providing all website content to Guruwebmedia.com, which will remain the sole and exclusive property of the client. However, the client must ensure that the content does not violate the Guruwebmedia.com appropriate use policy (AUP) and is liable for any claims related to the content. If the client purchases a website domain name through Guruwebmedia.com, they will be granted rights to the domain name after the initial thirty-day period following the website’s launch. The client will also be responsible for any claims related to their use of the domain name.
While the client owns the content and rights to the domain name, ownership of the website, including the HTML coding, scripting, and all other intellectual property rights, will remain exclusively with Guruwebmedia.com. However, Guruwebmedia.com provides the client with a non-exclusive, revocable license to use these design elements and related programs as long as they are current with respect to service fees and not in breach of the agreement. Guruwebmedia.com also has the right to display the client’s website on its online properties as an example of its design work.
The agreement also requires that the text footer link “Website by Guru Enterprise®” appears on the completed website. The client may choose to exclude or remove the footer permanently from their website, subject to an additional one-time fee of $1,000.00 USD to Guru Enterprise.
If the client wishes to acquire ownership rights to the website upon termination of services, they must obtain written permission from Guruwebmedia.com and remit a fee for the assignment of those rights. The fee will be either $1,500.00 USD after one year of successive hosting and maintenance or $2,500 USD prior to one year of successive hosting and maintenance with Guruwebmedia.com. However, this assignment does not include any rights to Guruwebmedia.com’s software, trade secrets, methodologies, processes, proprietary features, knowledge, or all other intellectual property rights.
For all images assigned to the client under this agreement, the client is only permitted to use the images in the manner in which they are provided by Guruwebmedia.com (i.e., embedded in the website). Following the termination of services, the client will receive a static image of their website that they can host on a third-party server through a non-affiliated hosting company. However, all features and functions of Guruwebmedia.com, including add-ons, e-commerce tools, and the ability to change content, will no longer be available after cancellation. The client will need to hire an internet developer to move their website to a new hosting provider’s server, maintain it, and make any desired changes.
In conclusion, this section of the agreement outlines the ownership rights of the client and Guruwebmedia.com over the website content, domain name, and intellectual property rights, as well as the limitations of these rights.
You will be charged for the custom website services you choose on a pre-paid basis, which is due and payable at the time of sale (i.e., at the beginning of the project) and then on a recurring basis, in advance of each billing cycle, throughout the term of the agreement unless otherwise agreed upon by you and Guruwebmedia.com in writing. You are also required to adhere to the timeline set forth by Guruwebmedia.com in the Statement of Work (SOW), if applicable.
Guru Enterprise offers services in three tiers of pricing, each with its own set of terms and responsibilities. You are required to comply with the terms and restrictions of the plan you select at the time of purchase or account transition from one plan to another. These pricing levels offer the same service within a specific plan, but your level of commitment allows you to benefit from significant discounts. Transitioning from one plan to another does not change the date of original project creation, which is used to determine website purchase-out fees upon service cancellation.
Websites purchased with tier-3 monthly pricing (“Tier 3”) have no minimum commitment beyond the first month of service, and you will be charged the highest published price for a particular plan. By selecting Tier-3 pricing, you agree that if you cancel service at any time during a monthly billing cycle, you are not entitled to a refund and are subject to and obligated to pay a $250 cancellation fee if cancellation occurs prior to your second month of service.
Websites purchased with tier-2 monthly pricing (“Tier 2”) have a minimum commitment of six (6) months of service, and as such are charged a discounted rate from the highest published price of a particular plan. By selecting this option, you agree that in order to receive the discounted published price for Tier 2, you are obligated to pay for the full six months of service, and if you wish to cancel your service prior to your sixth-month billing cycle, you are obligated to pay the remaining balance up to the sixth-month billing cycle and are subject to a $250 cancellation fee at Guru Enterprise’s sole discretion. Once you have met the six-month minimum commitment, you are able to cancel services with no charges or penalties.
Websites purchased with tier-1 annual pricing (“Tier 1”) have a one-year annual commitment (12 months), and as such are charged at a significantly discounted rate from the highest published price for a specific plan. By selecting this option, you agree that in order to receive the discounted published price for Tier 1, you are obligated to pay for the full 12 months of service in advance. If you wish to cancel, you may only do so within the first 30 days of service to obtain a refund. You further agree that the refund provided will be the amount paid, minus the difference between the then-current Tier 1 and then-current Tier 3 pricing, plus a $250 cancellation fee and that no other refund will be provided at any time.
However, if within thirty (30) days of purchase, you decide to cancel your subscription to the custom website services for any reason, and regardless of the pricing tier selected, you will be obligated to pay a $250 cancellation fee unless you qualify for Guru Enterprise’s money-back guarantee. To qualify for the money-back guarantee, your refund request must be received in writing within 15 calendar days from the date of your purchase and before Guru Enterprise begins revisions on your website draft. Once your website draft is accepted as-is or you request revisions to be made, no refund will be provided.
In agreement with Guru Enterprise’s custom website services, you are required to pay the charges on a pre-paid basis, due and payable at the time of sale and in advance of each billing cycle. You agree to follow the timeline specified by Guru Enterprise in the Statement of Work (SOW) if applicable. Guru Enterprise offers services in three tiers of pricing, each with its own set of terms and responsibilities. You agree to be bound by the terms and restrictions of the plan you select at the time of purchase or transition from one plan to another.
We require written content and images from you to complete your custom website services. Failure to provide sufficient content within the timeline may result in the completion of your custom website with placeholder content, which will not be eligible for a refund. Any content submitted after the timeline may be added at an hourly rate determined by Guru Enterprise or as part of a monthly maintenance plan related to your project.
In the event that you terminate your subscription to the custom website services before the delivery of the custom website services, including the initial website draft provided by Guru Enterprise for your evaluation, you are required to pay a $250 cancellation fee unless you qualify for Guru Enterprise’s money-back guarantee. However, if your custom website services have been completed and delivered to you, you will not receive a refund of any fees paid. If we have approved your payment on a monthly or other payment-over-time basis, you will be obligated to pay for the balance of your term based on the pricing tier selected at the time of purchase.
It is necessary to receive responses from you to move forward with the project in a timely manner. In the event that we do not receive a response from you for more than 60 days, the project is considered abandoned, and you will be required to pay us for the balance of your term. Guru Enterprise reserves the right to charge you a fee for repeated missed consultations related to any custom website services work, and you agree to allow Guru Enterprise to charge your credit card for said fees.
Payment for the purchase of additional design or development time after the custom website services have been completed will be on a pre-paid, hourly basis, due and payable at the beginning of each amendment and each month thereafter if purchasing additional amendment time. Additional amendment time is billed at $99.00 per hour for changes to existing pages beyond the allocated range of minutes covered in your service and $50.00 per page for content page development beyond the initial number of pages covered in your service. Any unused modification time, paid or covered, shall not “roll-over” month.
Under the agreement between the client and Guruwebmedia.com, any content provided by the client to the website shall remain the client’s exclusive property, except for the elements that are part of the website’s design, such as HTML coding, copyrights, and all other intellectual property rights, which will remain the sole property of Guruwebmedia.com. The client is responsible for ensuring that the content is owned by them or that they have the legal right to use it, and that its use does not violate Guruwebmedia.com’s acceptable use policy. If the client purchases a domain name through Guruwebmedia.com as part of their website purchase, they will be granted rights to the domain name after the initial thirty days following the launch of the website, but Guruwebmedia.com cannot guarantee the availability of any desired domain name. The client will be responsible for any claims related to the domain name’s use.
The pricing for custom website services will be on a pre-paid basis, due and payable at the beginning of the project and recurring in advance of each billing cycle during the contract’s term. The client must comply with the timeline set forth by Guruwebmedia.com in the statement of work. Guru Enterprise offers custom website services in three tiers of pricing, and the client agrees to be bound by the terms and conditions of the plan they select at the time of purchase or account transition. If the client terminates their subscription to the custom website services, they will be obligated to pay a cancellation fee of $250, unless they qualify for Guru Enterprise’s money-back guarantee. The completion of any custom website services requires the receipt of written content and images by the client, and if insufficient content is received, Guruwebmedia.com will complete the project with placeholder content, and the client may not be eligible for a refund.
If the client received a domain name as part of their plan, it will renew automatically each year at the anniversary of the account creation date and at a rate of $19.99 per year. If the client cancels a bundled plan that included a free domain for a year, but elects to keep the domain name registration through Guru Enterprise, standard annual renewal fees of $19.99 will still apply. If the client wishes to cancel their custom website services, they agree to allow Guruwebmedia.com to charge their credit card a $35 domain name registration and account transfer fee, and Guru Enterprise will transfer the domain name registration to a domain registration company account created by Guru Enterprise on the client’s behalf. The client will be responsible for all subsequent renewals and domain registration duties.
In the event that you violate any provision of this agreement, including but not limited to the terms specified in this schedule or the acceptable use policy (AUP), Guruwebmedia.com may, at its sole discretion, immediately suspend or terminate your custom website services without prior notice. In addition to any fees or charges owed for the setup and implementation of custom website services, fees for custom website services may continue to accumulate during the suspension of your account, and you will remain responsible for payment of any fees that accrue during the suspension period.
Once you have approved the design composition or selected a design template for your custom website services, refunds will not be available. Additionally, if one year has passed since the purchase date, no refunds will be provided under any circumstances.
The charges and fees agreed upon in any Statement of Work (SOW) are tailored specifically to your requirements. Once the SOW is presented to you, it is valid for thirty (30) days, after which it becomes null and void. If any changes or modifications are made to the original SOW, Guruwebmedia.com may issue a revised version and may require you to purchase additional custom website services. These additional services will be billed to you on an hourly basis.