Introduction
These Terms and Conditions (the “Agreement”) are effective as of [30.01.2025]. By accessing and using the services provided by Webify (the “Agency”), you, the Client, agree to comply with and be bound by the terms outlined in this Agreement. Please read these Terms carefully before using our services. If you do not agree to these terms, you must not use our services.
Definitions
In this Agreement, the following terms shall have the meanings set forth below:• Webify: Refers to the subscription-based web design agency offering services, including but not limited to custom website design, hosting, maintenance, updates, and support. Webify is operated by Joonas Pekkarinen.• Client: Refers to the individual or business entity that subscribes to Webify’s services and is the recipient of the services described in this Agreement.• Services: The web design and related services offered by Webify, which may include custom website creation, hosting, continuous updates, maintenance, and support.• Subscription: A recurring payment plan for ongoing access to Webify’s Services. The Subscription is subject to payment terms and conditions outlined below.• Agreement: Refers to these Terms and Conditions as they are written and agreed to by both parties.
By subscribing to Webify’s services, the Client agrees to the following terms related to the use of our services:
2.1 Eligibility
The Client must be at least 18 years old and legally capable of entering into binding contracts. By accepting these Terms and Conditions, the Client represents and warrants that they meet these eligibility requirements.
2.2 Service Access
Upon subscribing to the Webify service, the Client will have access to the designated services outlined in the agreed subscription plan. The Client acknowledges that Webify may modify, discontinue, or replace services at any time and will notify the Client in advance of any significant changes.
2.3 Account Responsibility
The Client is responsible for maintaining the confidentiality of their account information, including login credentials, and agrees to notify Webify immediately of any unauthorized use of their account.
2.4 Prohibited Use
The Client agrees not to use the service for any unlawful, harmful, or unauthorized purposes, including but not limited to:• Engaging in fraudulent or illegal activities.• Uploading or distributing harmful software, malware, or viruses.• Violating intellectual property rights of third parties.
Any violation of these prohibited activities may result in immediate termination of the Client’s account or service access without refund.
2.5 Service Availability
Webify strives to provide reliable and uninterrupted service; however, Webify does not guarantee 100% uptime and is not liable for any service disruptions or downtime caused by factors outside its control, including but not limited to third-party providers, natural disasters, or internet outages.
3.1 Subscription Plans
Webify offers a variety of subscription plans, which are detailed on our website. By subscribing to any of these plans, the Client agrees to pay the corresponding fees for the services included in the selected plan.
3.2 Payment Terms
Subscriptions are billed on a monthly or annual basis, depending on the plan chosen by the Client. Payments must be made in advance for each billing cycle. The Client agrees to provide accurate and current payment details and to update these details as necessary.
3.3 Fee Changes
Webify reserves the right to modify subscription fees at any time. If fees are increased, Webify will notify the Client in advance, and the new fees will be applied starting from the next billing period. Clients will have the option to cancel their subscription if they do not accept the new pricing.
3.4 Payment Methods
Clients can pay for their subscriptions using the payment methods accepted by Webify. These may include credit cards, debit cards, or other online payment methods. By subscribing, the Client authorizes Webify to charge their selected payment method for recurring subscription fees.
3.5 Refund Policy
Unless otherwise required by law or specified by Webify, all fees are non-refundable. If a Client cancels their subscription before the end of the current billing cycle, no refund will be provided for the remaining time. Webify may offer partial refunds or credits at its sole discretion under special circumstances.
3.6 Late Payments
In the event of a late payment, Webify reserves the right to suspend access to the Client’s services until payment is made. Webify may charge a late fee for overdue payments, and continued non-payment may result in the termination of services.
4.1 Ownership of Work
All intellectual property rights to the designs, content, and any materials created for the Client during the subscription period remain the property of Webify until full payment is received for the respective services. Upon full payment, the Client will have ownership of the final deliverables, including the website design and content, subject to any third-party licenses or restrictions.
4.2 License to Use
Upon receipt of full payment, Webify grants the Client a non-exclusive, non-transferable license to use the final website design, content, and any associated materials for their business purposes. This license does not extend to the distribution, resale, or modification of the deliverables, unless expressly agreed in writing by Webify.
4.3 Third-Party Materials
Any third-party content, tools, or software included in the deliverables (such as stock images, plugins, or code libraries) remains the property of the respective third parties. The Client is granted a license to use these materials solely in connection with the website, subject to the terms and conditions of the third-party provider.
4.4 Protection of Intellectual Property
The Client agrees not to infringe upon Webify’s intellectual property rights. The Client shall not copy, reproduce, or alter any part of the designs or materials created by Webify without prior written consent. If the Client infringes on Webify’s intellectual property, Webify reserves the right to terminate the agreement and seek legal remedies.
4.5 Client’s Content
The Client retains ownership of any content they provide for the website (such as logos, text, images, and videos). By providing such content, the Client grants Webify a license to use, modify, and display the content as needed to fulfill the scope of the project.
5.1 No Warranty on Results
While Webify makes every effort to deliver high-quality designs and effective solutions, we do not guarantee specific results in terms of business performance, conversions, or other measurable outcomes. The Client acknowledges that the success of the website is influenced by numerous factors beyond Webify’s control, including but not limited to market conditions, the Client’s ongoing marketing efforts, and external technical factors.
5.2 Website Functionality
Webify warrants that the final website will function according to the agreed specifications, provided the Client uses the website in a compatible environment. However, Webify does not warrant that the website will be error-free, uninterrupted, or completely secure. The Client understands that technical issues may arise and that Webify will address them on an ongoing basis as part of the maintenance service.
5.3 No Warranty on Third-Party Services
Webify is not responsible for the performance, quality, or security of third-party services integrated into the website (such as web hosting, plugins, or third-party software). While Webify will assist in integrating these services, any issues or disruptions caused by these services are not covered by Webify’s warranty.
5.4 Limitation of Liability
To the maximum extent permitted by law, Webify’s liability for any damages, losses, or issues arising from the use of our services, including the website, is limited to the total amount paid by the Client for the services rendered in the 12 months prior to the incident. Webify will not be held responsible for indirect, incidental, or consequential damages, including loss of profits or data.
5.5 No Implied Warranties
Except as expressly stated in this Agreement, Webify makes no other warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Any advice, recommendation, or information provided by Webify does not constitute a warranty.
6.1 Informal Resolution
In the event of any disagreement or dispute arising from this Agreement, both parties agree to first attempt to resolve the issue through informal discussions. The parties shall make reasonable efforts to address the concern or dispute in a constructive manner.
6.2 Mediation
If the dispute cannot be resolved informally within a reasonable time frame, both parties agree to enter into mediation before pursuing any formal legal action. The mediator will be a neutral third party selected by mutual agreement of the parties involved.
6.3 Arbitration
If mediation fails to resolve the dispute, both parties agree that any unresolved legal disputes shall be submitted to binding arbitration, conducted in accordance with the relevant laws of the jurisdiction. The arbitration shall be conducted in English, and the decision of the arbitrator shall be final and binding. The location of arbitration will be mutually agreed upon by both parties.
6.4 Jurisdiction and Venue
In the event that arbitration or other dispute resolution methods are not applicable or do not resolve the dispute, both parties agree that any legal action arising from this Agreement shall be brought in the appropriate courts located within the jurisdiction of Espoo, and both parties consent to the exclusive jurisdiction and venue of such courts.
6.5 Legal Fees
In the event of a legal dispute, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred in connection with the dispute resolution process.
7.1 Termination by the Client
Upon termination, any unpaid subscription fees or fees for services rendered up until the termination date shall become immediately due and payable. Any unused services or design work will not be refunded.
7.2 Termination by the Agency
The Agency reserves the right to terminate this Agreement at any time with written notice if the Client fails to comply with the terms and conditions outlined in this Agreement, including failure to pay fees when due. In such cases, the Agency will cease providing services, and any outstanding fees will remain due.
7.3 Suspension of Service
The Agency may suspend access to services in the event of non-payment, breach of this Agreement, or any other circumstance where the Agency determines that suspension is necessary for the protection of the business or its clients. Suspension may last until the issue is resolved or the Agreement is terminated.
7.4 Effects of Termination
Upon termination of this Agreement, the Client will cease using the Agency’s services, and the Agency will stop all ongoing work. Any materials, files, or intellectual property provided to the Client remain the property of the Agency unless otherwise specified. The Client may receive deliverables or work completed up until the termination date, subject to any outstanding balances.
7.5 No Refunds
Except as otherwise stated in this Agreement, the Client acknowledges and agrees that there will be no refund of any subscription or service fees already paid upon termination.
8.1 Entire Agreement
This Agreement, along with any documents incorporated by reference, constitutes the entire understanding between the Client and the Agency regarding the services provided. It supersedes all prior agreements, representations, and understandings, whether written or oral, relating to the subject matter of this Agreement.
8.2 Amendments
The Agency reserves the right to amend or modify the terms of this Agreement at any time. Any changes will be communicated to the Client through email or other appropriate means, and the Client’s continued use of the services will constitute acceptance of the amended terms. The updated version of the Agreement will be posted on the Agency’s website or provided to the Client directly.
8.3 Binding Nature
The terms of this Agreement are binding upon the parties and their respective successors, assigns, and legal representatives. The Client acknowledges and agrees that any changes to this Agreement will become effective once the updated terms are made available.
