Conditions and Terms

Terms and Conditions

Terms & Conditions

Wow Web Works / Allegra Portage

 

1.               This quote is valid for 30 days unless otherwise specified.  This estimate is made for a customized project and when accepted by the customer is not subject to cancellation unless by mutual consent. Prices presented are based upon the scope of the work as described in the project estimate. Should any aspect of the job or materials change at customer’s request, prices are subject to change. Wow Web Works/Allegra Network LLC shall not be responsible for errors in text, plans, designs, specifications or drawings furnished by the customer or for defects caused thereby.

2.               Wow Web Works/Allegra shall not be liable to customer for indirect, incidental, consequential, special or exemplary damages (even if Wow Web Works/Allegra has been advised of the possibility of such damages), arising from breach of this contract, such as, but not limited to, loss of revenue or anticipated profits or lost business.

3.               Unless otherwise stated in writing, Wow Web Works/Allegra requires a 50% deposit and a signed estimate/quotation prior to implementing this job into design and production. Unless otherwise agreed by the parties in writing, the balance shall be due upon completion of the job. All payments shall be made by credit card or electronic funds transfer. If customer terminates the agreement prior to completion of the project, customer agrees to pay the pro rata amount owed by customer for the project based on the percentage of completion.

4.               Wow Web Works/Allegra may set off any amounts customer owes Wow Web Works/Allegra against any amounts Wow Web Works/Allegra or its affiliates owe customer or its owners, whether under this project or any other agreement.

5.               In the event payment for this contract is not made as agreed, customer agrees to pay a service charge on all past due balances from the invoice date, at the rate of one and one half percent (1.5%) per month. In the event the contract is placed for collections or legal action, customer shall be responsible for reasonable costs and attorneys’ fees.

6.               Customer agrees that legal title to all products and services provided within this estimate shall not pass to the customer until such time as full payment for said services has been made to Wow Web Works/Allegra.  Should Wow Web Works/Allegra not receive full payment, Wow Web Works/Allegra reserves the right to repossess any or all of the items or materials provided, and may also discontinue any hosting or registration services at any time after the due date for payment.  Customer further agrees that any and all costs associated with repossession will be the customer’s responsibility.

7.               Customer represents and warrants that (1) it owns all rights and title to the assets, photographs, images, data, collateral, illustrations, designs, and text or other content, or other materials that customer supplies to Wow Web Works/Allegra, and (2) such materials stated in part (1) do not infringe on the copy rights, intellectual property, privacy, publicity rights or other legal or moral rights of any third party. Customer grants Wow Web Works/Allegra and its affiliates permission to use photos, videos, or other digital reproductions of any products delivered or installed for the purpose of providing the customer with the products and services outlined in this contract.

8.               Wow Web Works/Allegra may engage subcontractors to provide the services and deliver the products. If a subcontractor is engaged, the subcontractor interaction is the sole relationship of Wow Web Works/Allegra, and Wow Web Works/Allegra will provide all materials, services, and payments to the subcontractor on behalf of the customer.  The customer should not assume any interaction, relationship, or engage in any business with the subcontractor outside of any projects with Wow Web Works/Allegra without express, written, consent of Wow Web Works/Allegra. Wow Web Works/Allegra does not provide a warranty, either express or implied, for the performance of any subcontractors. Notwithstanding the foregoing, Wow Web Works/Allegra shall remain responsible for the satisfaction of its obligations hereunder.

9.               If the project includes web hosting, whether hosted by Wow Web Works/Allegra or a third party, Wow Web Works/Allegra assumes no responsibility for any omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical or factual error, theft or destruction or unauthorized access to any websites due to hosting failures.

10.             To the extent the project involves the creation and implementation of pay per click advertising, customer agrees not to collect any information from third parties that would constitute a protected class of information under federal, state or provincial privacy laws, including, but not limited to, financial information, information bearing on a consumer’s credit-worthiness, health and medical information, and personally identifiable information of children under the age of thirteen.  However, if customer for any reason collects such protected information in violation of the foregoing sentence, customer must comply with all applicable federal, state or provincial privacy laws regarding the use and disclosure of such information. Customer and its owners, on behalf of themselves and their current and former affiliated entities, successors, heirs, executors, administrators, representatives, agents, assigns, owners, directors, officers, principals and employees (the “Customer Group”) hereby agrees to indemnify and hold Wow Web Works/Allegra and its current and former affiliates, predecessors, owners, directors, officers, agents, representatives and their respective heirs, administrators, successors and assigns (the “Wow Web Works/Allegra Parties”) harmless against, and agrees to reimburse them for any loss, liability, expense or damages (actual or consequential) including, without limitation, reasonable attorneys’, accountants’ and expert witness fees, costs of investigation and proof of facts, court costs and other litigation and travel and living expenses, which any member of the Wow Web Works/Allegra Parties may suffer with respect to any claims or causes of action which any customer, creditor or other third party now has, ever had, or hereafter would or could have, as a result of, arising from or relating to any information collected or distributed by or on behalf of the Customer Group, and/or any violation of the Customer Group of any state or federal privacy laws.

11.             Without limiting any other remedy that Wow Web Works/Allegra may have, customer agrees to indemnify and hold Wow Web Works/Allegra harmless from and against all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorneys’ fees and costs, incurred by Wow Web Works/Allegra resulting from any fraudulent misrepresentation, false advertising, libel, violation of publicity/privacy rights or similar claims in connection with the assets and content or other materials provided by customer to Wow Web Works/Allegra.

12.             If the project requires Wow Web Works/Allegra to send electronic mails, customer agrees to advise Wow Web Works/Allegra in writing of any recipient who desire to unsubscribe from receiving electronic mails.  Customer also acknowledges and agrees that, to the extent required by law, customer will obtain the required consent from each recipient of electronic mails prior to delivery of the electronic mail addresses for such recipient.

13.             This contract and the rights and obligations of the parties shall be governed by, and construed and interpreted in accordance with, the laws of the State of Michigan, U.S.A. If any legal action, arbitration, mediation, or other proceeding is brought to interpret or enforce the terms of this contract, each party agrees to submit to the exclusive jurisdiction and venue of the courts, state and federal, located in or nearest to Kalamazoo County, Michigan, U.S.A. If any legal action, arbitration, mediation, or other proceeding is brought to interpret or enforce the terms of this Agreement, the prevailing party shall recover reasonable attorneys’ fees and any other costs incurred in that proceeding, in addition to any other relief to which it is entitled.

14.             No waiver of any term or condition hereof shall be effective unless in writing and signed by the authorized representative of the party against whom such waiver is asserted.  Any waiver shall be specifically limited to its terms, and shall not be deemed applicable to subsequent like circumstances.

15.             If any provision of these terms and conditions is held invalid, such invalidity shall not affect the applicability and validity of the remaining provisions. The scope of work and these terms and conditions are the entire agreement of the parties with respect to the subject matter hereof, and supersede any and all prior agreements and/or understandings, whether written or oral. This contract shall not be modified except by a written agreement dated subsequent hereto signed on behalf of each party by their duly authorized representatives.

 

Additional notes:

 

  1. Software:
    1. DNN software – Standard, open source version is installed unless otherwise stated in this agreement and proposal.  A fully commercial licensed version is available, and offers additional services and support from the DNN corporation, more advanced editing features and permissions, advanced mobile adaptability and an even easier content management system of capabilities.  Licensing is from 1-5 years depending on this contract.
    2. WordPress is an online open source website creation tool written in PHP.  Where stated, open source WordPress software may be used for development and content management of your website.
  2. Website Hosting:
    1. Hosting begins the day the site construction begins, not when it goes live.
    2. Hosting is paid annually and will be billed the month ahead of renewal.
    3. Hosting fees overdue 15 days will have a late charge of 1.5% added and the site login will be disabled
    4. Hosting fees 30 days’ overdue will result in site suspension until payment is made.
    5. Hosting fees 60 days’ overdue will be considered abandoned and will result in site removal from the server.
    6. Reinstating a website after removal will require a $250.00 service fee, plus any additional service fees to properly re-install the website on the current version of the same content management system as the original site, to restore it to proper working order.  Original hosting fees, and late charges will be applicable as well.
  3. Domain Name & Registrations:
    1. Domain registration can be done by you, the client, or WWW/Allegra can assume that task for you.
    2. You may use any domain registrar you desire, and if registered by you, the customers, it becomes solely your responsibility to maintain.
    3. You may use wowhostingservices.com for your domain registration – annual costs, are published, and accurate, depending on the type of domain (.net, .com, .org) that you are registering.  Domains can have varying costs, and any questions of pricing can be answered by calling 480-624-2500, 24 hours/day.
    4. Optionally Wow Web Works/Allegra can assume the task of keeping your domain registration current.  The cost is $25 per year ($35 for 2 years) and handles all aspects of the domain name registration for you and you will be billed when due.
    5. Domain Transfers can be performed for any domain managed by Wow Web Works/Allegra to the customer, and only the customer, for a fee of $50.
  4. Payment information:
    1. All web customers will be required to provide a credit card to Allegra to keep on file for any, and all charges in regards to their website.  Domain renewals and hosting will automatically be charged when due to the credit card, and a copy of the paid invoice will be provided via email or mail.
    2. Custom payment options are available with approved credit application, and approved terms. 
    3. Wow Web Work/Allegra customer’s initial payment equals to 50% of the project total cost to start the project, including hosting, domain registrations, and any other marketing services.
    4. If the project is not completed in 30 days, 50% of remaining balance is due
    5. If the project is not completed in 60 days, full payment is due unless the project is delayed by Wow Web Works and not waiting on client information
    6. Full balance is due when site is ready to go live
    7. If the site goes live before final payment, it will be considered “live pending payment” for 15 days.  After 15 days, the site will go suspended pending payment” of the balance due.
  5. Modules
    1. Modules are applications that run inside your website for the purpose of completing tasks without writing code from scratch.
    2. Modules can perform tasks such as rotating images, running calendars, collecting data (forms), or any number of other tasks.
    3. Custom Modules may be written by Wow Web Works/Allegra or a subcontractor, and all terms and conditions of the website in this agreement for the primary website, its portals, any subcontractor work, or other information installed or created is considered property of Wow Web Works/Allegra, and is considered licensed to the customer for use.
    4. Additional costs for Module Licensing, Installation, or Custom Module Programming, outlined in this proposal, are considered part of the project cost.
  6. Portals:
    1. One way to extend the framework of your website it to create a Portal.
    2. The portal is considered a second, “child,” website that uses the same content management system installation as the parent site.
    3. Portaled websites look and act like independent websites, but can be managed by a single sign on for management by a single entity.
    4. Portal hosting is half of the original, “parent,” site hosting cost, with a minimum of $180.00 annually.
    5. Portals do require a second domain registration.
    6. All other terms and conditions of the Parent site, apply to the child (portal) website.
  7. Commonly used browsers: (Updated 2/20170
    1. Desktop: Chrome 58%, Internet Explorer 19.17% Firefox 11.68% Microsoft Edge 5.5%, Safari 3.4%
    2. Mobile/Tablet:  Chrome 55.2%, Safari 29.8%, Android 7.16%, Internet Explorer 1.02%
  8. E-commerce Items: 
    1. E-commerce solutions are considered any web software that provides information on a product or service that can be sold to the general public, or commercial clients, online, for a price, where a product or service is delivered after immediate purchase of that item or service on the customer’s website.
    2. All necessary extensions for the content management system will be purchased and maintained by Wow Web Works/Allegra
    3. All items, item information, pricing, terms and conditions of service, and delivery of those items or services are the sole responsibility of the customer, and the customer agrees to hold harmless, Wow Web Works/Allegra, for and from and against all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorneys’ fees and costs, incurred by Wow Web Works/Allegra resulting from any fraudulent misrepresentation, false advertising, libel, violation of publicity/privacy rights or similar claims in connection with the assets and content or other materials provided by customer to Wow Web Works/Allegra.
    4. Design and consulting services will be provided on an hourly basis in the amount written in ‘fees section’, and all items and services handled, and published by Wow Web Works/Allegra are at the request of the client, with client review, and approval assumed as of the time of submission of information to Wow Web Works/Allegra for publishing.
    5. Services not listed in the ‘fees section’ should be considered as additional and outside of the scope of this proposal.

 

  1. SSL Certificates:
    1. SSL (Secure Socket Layer) Certificates are small data files that digitally bind a cryptographic key to an organization's details. When installed on a web server, it activates the padlock and the “https://” protocol and allows secure connections from a web server to a browser.
    2. This is important because the information you send on the Internet is passed from computer to computer to get to the destination server. Any computer in between you and the server can see your credit card numbers, usernames and passwords, and other sensitive information if it is not encrypted with an SSL certificate.
    3. SSL Certificates can be purchased and installed at any time, and quotes for this service can be provided upon request from the customer.
  2. ADA Compliance:
    1. We can ensure your content can be accessed by everyone and comply with the Americans with Disabilities Act requirements. All verification of ADA compliance is the sole responsibility of the customer to insure that the information on their site is compliant, once Wow Web Works/Allegra completes the work requested.  The Customer agrees to hold Wow Web Works/Allegra harmless from and against all liabilities, losses, damages, costs and expenses, including without limitation reasonable attorneys’ fees and costs, incurred by Wow Web Works/Allegra resulting from any fraudulent misrepresentation, false advertising, libel, violation of publicity/privacy rights or similar claims in connection with the assets and content or other materials provided by customer to Wow Web Works/Allegra.
  3. Release From Content And Copyright Liability:
    1. Direct infringement occurs when an infringer copies a copyrighted work. Direct liability is a strict liability offense, and thus does not require the infringer to know he or she is infringing.
      1. If direct infringement occurs, Wow Web Works/Allegra will not be held liable if a user posts a copyrighted work that is subsequently downloaded or viewed by others.
    2. Contributory infringement occurs when a party knows of an infringing activity and substantially participates in that activity.
      1. If contributory infringement occurs, Wow Web Works/Allegra will not be held liable.
    3. Customer agrees to follow all applicable State & Federal laws in relation to content and copyright infringement.
  4. Hacking Disclaimer: 
    1. Wow Web Works/Allegra is not held responsible for any hacked/compromised websites.  A site that has been compromised may be taken offline immediately until the website has been secured and cleaned of any hacks/viruses. 
    2. It is the customer’s responsibility to make user their website does not get hacked; similarly it is the customers responsibility to make sure that any costs needed to make the website safe again will be chargeable to them.
  5. Fully Bonded and Insured