Terms & Conditions
Content:
Client agrees to provide all content required (Photos, videos and other contents if need be) for Webbmight’s support.
Force Majeure:
Non-Performance by either party hereunder, shall be excused to the extent that performance is rendered impossible by strike, fire flood, governmental acts, restrictions, acts of God or any other reason to the extent that the failure to perform is beyond the control of the non-performance party.
Governing Law:
This agreement shall be governed by and interpreted in accordance with the laws of the United States of America without regard to such state’s principles of conflicts of law. The legal jurisdiction for this agreement shall reside in Florida, USA, and all legal proceedings shall take place in Florida, USA.
Managing Clients Internal Resources:
Client agrees that Webbmight will have the lead, supervise and be fully in charge of establishing digital strategy, managing tasks, managing all of the internal digital marketing resources. Client agrees that all digital resources will report to Webbmight on as needed basis to implement the program effectively.
Authorization
Client agrees to give Webbmight access to all tools, software, websites, social media, landing pages, accounts etc that they will need to access. Webbmight will use best efforts to secure and protect all passcodes. Only Authorized representatives of Webbmight will be allowed access to passwords and only on as needed basis.
Copyrights and Trademarks:
Webbmight informs Client and guarantees that any elements of text, graphic, videos, photos, content, designs, trademarks or other artwork submitted to the Client by Webbmight’s Domain are owned by the client or that the client has permission from Webbmight to use each of these elements. Client agrees to old harmless, protect and defend Webbmight from any claims or suit arising from the use of such elements furnished by the Client.
Ownership to Deliverables:
Webbmight or its partners retain the intellectual rights to all items previously owned by Webbmight/partner. Client retains the rights to all deliverables that are not marked as Webbmight’s Property. Items that are not specifically transferred to the client will remain the property of Webbmight or vice versa. Webbmight may choose to give the client a one-time lifetime license for use of any of its intellectual property.
Work Credit:
Client agrees to allow Webbmight to use Client's name and website for its company promotions, online portfolio, past clients list on social media, in print material etc, for advertising and promoting Webbmight’s services to other companies.
Assignment of Project:
Webbmight reserves the right to assign certain subcontractors to this project if it sees the need to do so in order to meet the requirements of this agreement.
Non-Disclosure:
Webbmight, its employees agree that except as directed by the client, It will not at any time during or after the term of this agreement, disclose any non-public information to any person whatsoever. Likewise, the client agrees that it will not convey any non-public confidential information obtained about Webbmight to another party.
Performance Liability:
Whereas, the parties acknowledge that the internet or its platforms provided by the Social media governing companies is neither owned nor controlled by any one entity; therefore, Webbmight can make no guarantee on the results that may be provided as a result of our work. Webbmight represent that in good faith it shall make every effort to ensure that the client’s digital marketing is successful and leads are generated as a result of our work.
Webbmight does not warrant that the functions supplied by its work, web pages, digital marketing, consultation, advice or work will meet the client’s requirements or that the operation of the work/deliverables will be uninterrupted or error free. The entire risk as to the quality and performance of the work and deliverables is with the client.
In no event, will Webbmight be liable to the client or any third party for any damages any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these digital marketing services or website(s),even if Webbmight has been advised of the possibility of such damages
Indemnity:
The client does hereby expressly agree to indemnify and hold harmless Webbmight, its owners, its principals, officers, employees and contractors against all suits, actions, claims, demands or costs of any kind to which they may be sublet arising or resulting at any time or place from anything done or omitted to be done by them in connection with this project. The client hereby waives any and all claims which, but for this waiver it may have or which it may hereafter acquire, against Webbmight, its owners its principals, officers, employees and contractors arisignor resulting at any time or place from anything doe or omitted to be done by them regarding this project.
Agreement Revisions:
Revisions to this Agreement will be considered agreed to by Webbmight and client when requested changes have been signed by both parties.
Reversal:
Suppose a client changes their mind throughout the execution of the agreed-upon service. In that case, the client acknowledges and agrees that no refunds will be granted for any payments paid, regardless of the current stage of service.
Lawful purpose:
Client may only use Webbmight’s design services for Lawful purposes. Transmission of any material in violation of any Federal, state or local regulation is prohibited. This includes but not limited to copyrighted material, legally judged to be threatening or obscene, pornographic, profane or material protected by trade secrets. This also includes links or any connection to such materials.
Terminations:
Webb Might may terminate service under this agreement at any time without penalty, if the client fails to comply with the terms of this agreement. If the client fails to comply with the terms of his Agreement and Webbmight refers the matter to an attorney, the client agrees to pay reasonable attorney fees and agrees to compensate Webbmight for other collection costs and expenses, if may occur.
Webbmight Media vendors:
In connection with Services provided hereunder, Webbmight has the right to utilize contractors, third party companies and vendors selected by Webbmight at its sole discretion to complete or support the completion of the work at hand. Purchased work from vendors shall be made under such terms Webbmight deems in its sole discretion as acceptable. Webbmight will be responsible for all costs associated with the vendor, unless the cost is provided to the client and the client agrees in writing to pay said cost.
Entire Understanding:
The agreement constitutes the sole agreement between Webbmight and the client regarding the use of services. It becomes effective only when signed by both parties.
Webbmight is a creative digital agency that provides businesses with the tools to excel in the digital landscape. We empower brands to interact with their digital audience by delivering best-in-class design, development, and marketing services.
