These legal terms and conditions, in effect as of January 1st, 2020, replace the former written and signed contract system between WebWorkings as a website design company and its client(s). Every client of WebWorkings, regardless of the priority of tasks and/or subscription costs, is obligated to review these terms and is required to accept these terms in order to receive or continue to receive the services provided to them by WebWorkings.
PRIORITIZATION OF TASKS
WebWorkings provides service to multiple clients at a time, and most work is done during support hours (9:00 AM to 9:00 PM, 7 days/week, US Central Standard Time). While every client is important to us, there may be certain tasks WebWorkings is given that have a closer deadline than others. Because of this, we organize tasks by priority. Priority in this regard does NOT put a client before others, rather, just the task itself is of higher priority. Should a client pay WebWorkings more than what is due on their bill, they are not entitled to nor guaranteed to be placed ahead in priority. Surplus funds paid to WebWorkings are considered a gratuity to WebWorkings, with the exception of PAY-AS-YOU-GO MAINTENANCE clients (referred to as P.A.Y.G. clients) purchasing extra months of maintenance(see below).
QUOTED PRICE VERSUS CURRENT PRICE
Though we don't do it often, WebWorkings reserves the right to change the price of its service at any time, with proper notice. Our policy protects potential clients in the following way. A potential client (a person, organization or business who has not yet signed up for services with WebWorkings) may be offered the service by a WebWorkings employee at the price that was current at that point in time, and thus will be able to sign up with that price, known as the quoted price, in the future. Please note that this policy is ONLY in effect for clients who have not previously signed up with WebWorkings, and it is ONLY for the Full Website Design or Redesign. Monthly Maintenance and P.A.Y.G. Maintenance subscriptions have not changed in price.
THE CLIENT PORTAL
WebWorkings introduced the Client Portal in the Fall of 2019 in an effort to provide transparency and convenience to its clients. The Client Portal is accessible to the public via each client's personal Client Portal URL. The Client Portal shows the client non-intrusive information about their relationship with WebWorkings, including the site(s) that WebWorkings manages and how, as well as the client's next bill (as applicable) and links to Support, Service History, and these Terms and Conditions.
UPDATES TO THE CLIENT PORTAL
WebWorkings updates information on the Client Portal within a span of two (2) business days, typically sooner.
WebWorkings has no set policy of Confidentiality with its clients, however WebWorkings reserves the right to add such a policy later as necessary.
HISTORY OF SERVICE
The Client Portal has a page known as the Service History. This acts as a changelog for activity WebWorkings has performed on the applicable client's website. This log also stands to offer proof of activity in the event of a dispute. As stated in the above section titled "PRIORITIZATION OF TASKS," WebWorkings offers service to multiple clients. We do our best to provide great service to everyone, however certain tasks we have may take up more time than others.
SALES, DISCOUNTS AND COUPONS
In a lower section on the Client Portal, a client's applicable discounts and/or coupons are displayed. Should the client choose to use a coupon, they need only contact WebWorkings before the bill on which they'd like to use it.
TERMINATION OF SERVICE
TERMINATION OF SERVICE ON THE PART OF THE CLIENT
The client reserves the right to terminate their service at any time, given that the following conditions are met:
GIVING PROPER NOTICE(FOR MONTHLY MAINTENANCE CLIENTS)
Should the client fail to notify WebWorkings three (3) business days or sooner from the 1st of the next month that they wish to terminate their service, a final invoice will be sent at the new month in question and the client is obligated to pay what is due as noted in the invoice. WebWorkings does not charge a fee for ending your service, and as long as you notify us at least three business days before your next bill that you wish to stop your service, we will not charge you for the next month.
TERMINATION OF SERVICE ON THE PART OF WEBWORKINGS
WebWorkings reserves the right to terminate the service it provides to any client, within reason. WebWorkings will attempt to notify said client of the termination. Examples of that which might provoke this include but are not limited to harrassment from the client, the client abandoning the project, and the client becoming deceased or unable to pay for their service.
A website is nothing without its content. WebWorkings strives to make it simple for a client to provide enough information to complete or maintain their website, however, in the event that a client does not provide the necessary information (here referring to content that is crucial to the completion of a task or the completion of the website), after seven (7) attempts from WebWorkings to obtain said information, the client shall then be issued a Notice of Abandonment warning. If fourteen (14) business days pass from the issuance of said warning, and the client has not provided either the information required or a command to cancel the task in question, WebWorkings is then forced to terminate that client's service, with proper notification to the client. The site will then be marked as 'Client-Abandoned.'
POLICIES THAT TAKE EFFECT UPON TERMINATION
The following policies take effect upon service termination:
THE RETURN OF CODE AND ADMINISTRATIVE RIGHTS
REPURPOSING OF HOSTING AND DOMAIN
Should the aforementioned return-of-code process end with the former client unreachable by WebWorkings while WebWorkings attempts to transfer the hosting and domain login and password information, after sixty (60) days WebWorkings reserves the right to repurpose the hosting and domain account if it was purchased by WebWorkings and is still active. This DOES NOT MEAN that the domain will be used for a different client. This repurposing would be for personal use and personal access only.
A FORMER CLIENT'S REVIEW
If the former client had left a review that WebWorkings placed on the WebWorkings review page, WebWorkings reserves the right to keep the review up or take the review down as we see fit. This review may include the name of the former client, the picture that was associated with the former client, the review contents, and the URL link to the website that WebWorkings had altered in this way.
All sales are final. No refunds are issued.
ABIDING BY LAW
WebWorkings shall NOT provide service on any website that is suspected of illegal activity. This includes but is not limited to the following:
Sale of Substances Illegal to the United States and/or the state of South Dakota
Possession and/or distribution of illegal pornography
Access for minors to items that require a certain age to obtain (with the exception of the event that an age verification tool is put in place)
Illegal Distribution of Copyrighted Material (Piracy)
Promotion and/or funding of terrorism (INCLUDING CYBER-TERRORISM, for example, viruses and ransomware)
Content that will impose a threat to National Security (for example, blatantly taunting North Korea)
Gang related activity
Possession and/or distribution of United States National Classified Information (unless the client has undeniable and verifiable proof of its authority to possess such information AND provides WebWorkings with notarized authorized access to such information)
THE WEBWORKINGS BRAND
When WebWorkings designs, redesigns or begins providing regular Maintenance to a client's website, we reserve the right to place our artistic signature, in the form of a small division element, known as the WebWorkings Brand, at the footer of the home page of said website. This element shall remain on the website it is placed until WebWorkings should no longer provide service to the site in question.
FULL WEBSITE DESIGN
WebWorkings offers the service of designing and developing a full website to completion based on both the creativity of WebWorkings and requested content from the client. WebWorkings reserves the right to use its own coding methods and its own software as necessary. This service counts as one task on the Client Portal, at a HIGH priority. At the very start, WebWorkings typically will meet with the new client (in person, if the client is within the Sioux Falls area or by voice or video call, if the client is out of the Sioux Falls area) to discuss various details about desired content, domain, and specifications. After necessary information has been gathered, WebWorkings estimates typically that a project will take thirty (30) days to be completed. If a delay is expected, which is not usual, WebWorkings will contact the client.
BigCommerce (from GoDaddy)
WebWorkings does not hide its progress from the client or the public, and therefore allows access to a website that is being built, to show the client said progress. During the design or redesign process, WebWorkings may provide a different URL than the desired domain for the purposes of live preview. Upon completion, the site shall be ready under the desired domain.
Even with live preview, some elements, typically forms into which the public user enters data, are required to be hidden until ready for public use. In this event, a red division element that we call the "Maintenance Label" will replace the area where the unready element(s) would be. This Maintenance Label is temporary, and will be removed when functionality is complete for the element(s) in question.
On the websites that WebWorkings provides service, WebWorkings is required to enact regular tests on all input and form elements that recieve data. When this happens, WebWorkings will fill in the input fields (typically with something silly; our favorite fake name is 'Testy McTest') and submit the form(s) to send a test to the PHP script. WebWorkings will always include the phrase 'This is a test' in such data. If it has been seven (7) business days or less since the form was created or changed, WebWorkings will request that the client forward any test submissions back to WebWorkings via e-mail, to ensure that the form's contents and/or the PHP script is functioning properly. Form submissions will ALWAYS be from 'email@example.com' which is a computer-generated email. Replying to 'firstname.lastname@example.org' will NOT send an email to WebWorkings. Rather, the submitter of the form will recieve the reply in question.
WHAT CONSTITUTES COMPLETION
WebWorkings makes it very clear that a website has been technically completed given that ALL of the following conditions are met:
The website is presentable to the internet audience
It has been thirty (30) days from the time that the building began
The website is accessible to the audience under the desired domain (as long the domain and hosting are paid for, as noted in the sections below)
The website is free of bugs, glitches, and errors in its functions
Further building on that, even while WebWorkings considers the above aspects to define the completed website, we are still artists. WebWorkings will use the time it has available (that the client has bought) to further increase the website's attractiveness and functionality. A COMPLETE WEBSITE IS A SEPARATE ENTITY FROM MAINTENANCE SUBSCRIPTION. To elaborate: even though a site is 'complete' the client and/or WebWorkings may wish to add or change certain aspects, elements, or content. When the site is complete, and one month has passed since the website building began, the client is encouraged to obtain a maintenance subcription from us, as without one, WebWorkings is not obligated to continue to work on said site. We rarely work for free, and should not be expected to do so. Certain conditions apply on the below section titled 'PRO-BONO CLIENTS.'
MONTHLY MAINTENANCE CLIENTS
After WebWorkings has completed the design or redesign of a client's website, the client is encouraged, but not required, to begin a monthly subscription to WebWorkings' maintenance service, which we call Monthly Maintenance, which includes full coverage for the website's Hosting and Domain by WebWorkings, as applicable. Should the client decline on Monthly Maintenance at this time, WebWorkings shall not be held responsible for any changes to the respective website, and is not liable for damage to the respective website caused by changes that someone else should make. The client may reach out to WebWorkings anytime should they wish to sign up for Monthly Maintenance in the future.
Please note the terms in the above section entitled 'TERMINATION OF SERVICE' for our policy regarding problematic activity between the client and WebWorkings.
PAY-AS-YOU-GO (P.A.Y.G.) MAINTENANCE
Introduced in late 2019, qualifying clients may opt to a prepaid version of our Maintenance subscription. Should the client wish to recieve this version of maintenance, they need to purchase prepaid months of service from us. A minimum of one (1) prepaid month of service must be purchased at or before the first of the month in which service is desired, and the client must tell WebWorkings that they wish to use a month of service no less than three (3) business days before the next month in which service is desired. Should there still be tasks not finished by WebWorkings that the client requested during a service month that continue after, and the client does not request to use the next service month, WebWorkings shall continue with available service. If the client does not have another month of service available at that time, the tasks and service cease until they do.
All applicable information is provided in the Client Portal. During a month in which service is neither desired nor purchased, WebWorkings shall not be held responsible for any changes to the respective website, and is not liable for damage to the respective website caused by changes that someone else should make. In order to opt to P.A.Y.G. maintenance, the client must meet the following qualifications:
The client must be paying for their own hosting.
The client must be paying for their own domain.
The client must have full administrative access to the domain and hosting, which WebWorkings will need as well.
The website in question MUST be hosted on a platform that allows WebWorkings to access the file manager and cpanel so that the code of said website can be inspected, editited, and tested.
Please note the terms in the above section entitled 'TERMINATION OF SERVICE' for our policy regarding problematic activity between the client and WebWorkings.
GRANTING ADMINISTRATIVE RIGHTS
WebWorkings requires access to administrative privileges to the client's hosting, domain, and any applicable tools (such as existing Age Verification tool accounts, for example) when performing maintenance of any kind on a website. If we cannot access the file manager, cpanel, etc., we will require a domain, hosting, and website file transfer to a hosting platform that allows this. Please refer to the above section titled 'REDESIGNS.'
REQUESTS FOR INFORMATION
As stated above, a website is nothing without its content. WebWorkings requires specific information about such content from time to time, and strives to make it simple for a client to provide enough information to complete or maintain their website.
(amended May 16, 2020) COMPLEX WEB APPLICATIONS
The following covers terms regarding what we call complex web applications.
DEFINITION OF COMPLEX WEB APPLICATION
REQUIREMENTS OF COMPLEX WEB APPLICATION REQUESTS
Should a client request a task that we suspect will be a complex web application, we will notify the client. If the client wishes to continue with the request, we will require a minimum of 72 hours (3 days) to build and test. Additional time may be needed for more complex or difficult work. After the page in question is complete, or the client decides they do not want the task that is underway, a fee will be assessed by WebWorkings and the client's next invoice will reflect the fee. This fee is to the discretion of WebWorkings. It is based on the work that WebWorkings has done on said complex web application. WebWorkings will always update the client's Client Portal with necessary information.
(end of amendment)
Website HTML elements, with the most common example being a Contact form, very typically use external scripts, such as JQuery, SQL, and PHP to execute specific functions, with a common example including the use of PHP to send form contents to an email address. WebWorkings PHP is built from scratch, and a version number is present on every result. That said, there may be functions included in the vast PHP framework that WebWorkings has not had experience with prior. Therefore, regular testing is required for proper functionality. WebWorkings shall always provide specific and convenient notice and feedback regarding said PHP script testing to the client.
THE USE OF GOOGLE RECAPTCHA
Captcha is a verification process that requires users to enter a pre-determined code. CAPTCHA stands for Completely Automated Public Turing test to tell Computers and Humans Apart. CAPTCHA exists to prevent spam from automated form submissions. Google's reCaptcha system (here referring to reCaptcha v2) is a refined, more user convenient, and more secure iteration of the original CAPTCHA method. WebWorkings values security, as any technology company should, and therefore requires an iteration of Google's reCaptcha to be integrated in the forms we build. Typically this shows up as a mere checkbox right above the "submit" button, and requires little user input.
The following applies to clients contacting the phone number displayed on WebWorkings' website. At the current time, said phone number is also a personal mobile phone, belonging to the owner of WebWorkings, Wilson Trent.
OUTSIDE OF SUPPORT HOURS
WebWorkings Support hours are from 9:00 AM to 9:00 PM, 7 days/week. This does exclude Holidays, specified below, in which we are closed. Outside of Support Hours, WebWorkings may still answer the phone, hovever is not obligated to do so.
WITHIN SUPPORT HOURS
WebWorkings Support hours previously were from 9:00 AM to 9:00 PM, 7 days/week. This did exclude Holidays, specified below, in which we are closed.
AMENDMENT JULY 6, 2020: While experiencing a higher than usual demand, WebWorkings reserves the right to limit our availability for handling support. We encourage clients needing assistance to leave us messages so that we can get their issue resolved as soon as we are able.
HOLIDAYS ON WHICH WE ARE CLOSED (2021 EDITION)
The following holiday dates are days of the year 2021 on which WebWorkings is closed. As stated in the 'OUTSIDE OF SUPPORT HOURS' section above, WebWorkings may still answer the phone, however is not obligated to do so. Regarding the below-mentioned religious holidays: The owner of WebWorkings - like much of the world - has differing beliefs and reserves the right to adjust his business' hours accordingly.
January 1 - New Year's Day
January 18 - Martin Luther King Jr. Day
February 1 - Religious Holiday (Imbolic)
March 19 - Religious Holiday (Ostara)
May 1 - Religious Holiday (Beltane)
May 31 - Memorial Day
June 24 - Religious Holiday (Litha)
July 4 - Independence Day
August 1 - Religious Holiday (Lammas)
September 6 - Labor Day
September 22 - Religious Holiday (Malbon)
October 31 - Religious Holiday (Samhain)
November 11 - Veteran's Day
November 25 - Thanksgiving Day
December 21 - Religious Holiday (Yule)
December 25 - Christmas Day
EQUAL OPPORTUNITY SERVICE PROVIDER
WebWorkings shall provide service to any paying client (with the exclusion of those stated in the section titled 'TERMINATION OF SERVICE' and the section titled 'ABIDING BY LAW' above) regardless of race, gender, sexuality, nationality, religious beliefs, or disability. The world is a colorful one, and we support that.
Though rare, there may be times that WebWorkings will provide service to a client at no cost. This is to the full discretion of WebWorkings. Pro-Bono clients are held in the same respect and dignity as normal paying customers, however, in the event that there are urgent tasks to be completed for a paying customer at the same time as a pro-bono customer, the tie breaks to the paying customer.
After the first thirty (30) days of service, WebWorkings may contact clients asking that they leave a review of the service provided. This is completely optional. WebWorkings will ask no more than two (2) times in a one-year span per client.
OUTSOURCING TO ARTISTS
Occasionally, WebWorkings may come across a task with which we need some outside help. Generally, this includes certain graphics requested by the client. WebWorkings may outsource to artists local to the Sioux Falls area for these tasks. WebWorkings covers this cost entirely.
'CUSTOM GRAPHICS AFTER THREE AREN'T FREE'
WebWorkings provides three (3) custom graphics, here referring to 'PNG' FORMAT IMAGE FILES THAT WEBWORKINGS HAS DRAWN FROM SCRATCH AT THE REQUEST OF THE CLIENT, to be included with each Website Design or Redesign at no additional cost. WebWorkings will try to work with the client to create the client's ideal image, however, WebWorkings reserves the right to bill the client for over-excessive changes at our discretion, in the amount of $25 per image file, to be appended to the next invoice, or if the client does not subscribe to Monthly Maintenance, an invoice will be sent immediately for said graphics. To iterate: Custom graphics after three are not free.
Whereas the aforementioned statement applies to custom graphics, WebWorkings does NOT charge for EXISTING images. We can use content that has already been created, such as Web Icons, Fan art, etc., provided we cite all copyrighted work in the Disclaimer Page.
WebWorkings may occasionally need to use images or other content from copyrighted sources to satisfy a client's content. In this event, WebWorkings is required to create a Disclaimer Page, which must be easily accessible to the public from the home page of the website.
Should WebWorkings use an image from elsewhere on the internet that has a copyright, it must be cited and given due credit to the source on either the same page said image is used or another page on the website devoted to citing such items, known as the Disclaimer Page.
PAYMENTS TO WEBWORKINGS
WebWorkings is a for-profit Individual type Business that requires up-front payment for its service, typically via an invoicing system. Monthly Maintenance subscribers recieve their invoices on or before the first (1st) of each month, excluding Federal Holidays, via the email address WebWorkings has on file. Invoices are due fourteen (14) days from the time of sending. If WebWorkings does not recieve payment within seven (7) business days from the time of sending, a reminder is sent to the email address on file of that client via Square Invoicing.
ELECTRONIC PAYMENTS VIA SQUARE
OPTIONAL AUTOMATIC PAYMENTS
The client can choose to save a debit/credit card on file through the Square invoices, for use in making automatic payments to WebWorkings for our service. Should a client wish to disable automatic payments, and/or remove or change the card on file, they need only contact WebWorkings regarding this matter.
CASH OR CHECK PAYMENTS IN THE CITY OF SIOUX FALLS
Some clients may prefer to pay in cash. If they are located in the city of Sioux Falls, and verbally declare that they wish to pay in cash, WebWorkings will travel to their place of business and collect cash payment. Though an invoice is still sent out, a cash payment in full allows WebWorkings to mark the invoice as Paid. Checks are only accepted if all fields (to the order of, date, memo, signature, amount, and dollar amount) are filled in, they are on official bank paper and the security features are present. A client paying in cash or check will recieve the same electronic reciept of the transaction as a client paying online, and their Client Portal shall be updated accordingly within two (2) business days or sooner.
SOUTH DAKOTA TAXES
According to the South Dakota Department of Revenue, as researched by WebWorkings on December 18, 2019, virtually every service is subject to South Dakota sales tax. WebWorkings is a business that is based in South Dakota, and therefore is required to apply sales tax to its invoices, even to clients out of state. Note that the following entities are exempt, according to the Department of Revenue:
United States government agencies
State of South Dakota
Public or municipal corporations of the State of South Dakota
Municipal or volunteer fire or ambulance departments
Public schools, including K-12, universities and technical institutes that are supported by the State of South Dakota or public or municipal corporations of South Dakota.
SD religious and private schools
WebWorkings invoices are sent out on the 1st of each month, and are due on the 14th of the respective month, with as-needed adjustments for Federal Holidays that may occur on or around those days. This information is available to every client in the Client Portal. Please note that there is no grace period for payments past due. Past Due invoices are considered delinquent, and invoke the policy specified in the above section, titled "TERMINATION OF SERVICE." Currently, WebWorkings does not charge a late fee, nor do we report any delinquent activity to credit bureaus, however, WebWorkings reserves the right to integrate such a policy in the future, if deemed necessary, with proper notice to its clients.
REGARDING SOCIAL MEDIA
The following entries define our policy regarding social media. Social Media includes but is not limited to the following platforms:
INTEGRATING CONTENT FROM SOCIAL MEDIA
With the client's consent, WebWorkings may integrate relevant content from the client's social media page and/or profile with the sole purpose of placing it into the client's website. Please note: in order to view and link such content, many social media platforms require a 'friend' or 'follow' status. If necessary, WebWorkings will send a request to the client's page and/or profile. Be advised, our harrassment policy (see above) also applies to conversations and activity on social media between WebWorkings and the client.
DECLARATION OF RESPONSIBILITY
WebWorkings shall NOT be expected to edit, maintain, or alter a page or profile on social media other than its own, nor should WebWorkings be subject to requests to 'share,' 'like,' or 'follow' content that is not immediately relevant to the task(s) WebWorkings is assigned. We may subscribe to your YouTube channel for the sole purpose of staying up to date if one or more YouTube videos are to be embedded in the website.
OMMISSIONS AND AMENDMENTS
The technology industry is ever-changing, and WebWorkings as a business is still growing. Thus, these terms and conditions may occasionally require changes. When a change is made to these terms and conditions, every active client shall be notified. Changes will be plainly marked. On the stylized terms and conditions view, an ommitted item in the terms and conditions shall be marked with strikethrough (strikethrough) formatting, and an amendment to the terms and conditions shall be marked with green italic (green italic) formatting for the first thirty (30) days of its amending. After an amendment has reached 30 days on the terms and conditions the green italic formatting will be removed from that specific amendment. On the plain text view (shown now), ommissions will be labeled "ommitted" and amendments labeled "amendment." A small timestamp will be placed at the end of the respective change to signify the date on which it was changed.
CONCLUSION AND TERM OF ACCEPTANCE
By checking the 'Accept' box and submitting such data to WebWorkings, you agree to abide by the terms and conditions that have been provided to you here. You can always view these terms and conditions in your Client Portal by clicking on the 'Terms and Conditions' button at the bottom of your Client Portal page.