Guiding Principles
We are a small business, just like many of you. We will treat you how we want to be treated, with honesty, integrity, good faith, and courtesy. We firmly believe that a rising sea lifts all boats, and that if YOU are successful, we will be successful as well. We are not in this business to make all the money, we are in this business so that we ALL make money.
Business Ethics
We hold ourselves to the highest standards of ethical business practices, and we expect our clients to do the same. We will conduct ourselves with courtesy and respect, and expect to be treated in the same manner.
Anti-Discrimination Policy
Webclectics will not discriminate according to race, ethnicity, sex, age, sexual orientation, religion and gender identity. As a private entity and at it’s sole judgement, Webclectics does reserve the right to terminate the agreement to host and maintain any website which sells, advertises, distributes, or promotes any item or content which could reasonably be considered discriminatory or involving hate speech against any class of people.
Website and online store content
While you will own the content of any website, Webclectics will own the actual platform. You are free to sell whatever items you wish, at whatever prices you wish and fulfill those orders according to your own business principles. Items of an adult nature should conform to generally accepted community standards, Webclectics is not responsible for any content. Should you choose to terminate the agreement for any reason, sale price of the platform can be negotiated, based on labor involved in building and provisioning the site.
Access to the site
In order to maintain sites, Webclectics must be allowed full and unhindered access to all features of the site. When provisioned, Webclectics will assign administrative access to its login credentials, these must not be altered. Should they be altered, Webclectics reserves the right to remove the site from its hosting service if administrative rights and access are not restored. The store content owner will also be given the same access when the site is turned over to them.
Privacy and Confidentality
Because Webclectics will retain administrative access to every site, we will have access to information such as sales, customer lists, orders etc. Webclectics has zero interest in this information, and we will hold that information private and confidential unless required to release that information for legal reasons.
Infrastructure of sites
Webclectics will, at its own discretion, determine the appropriate infrastructure of any site it builds and maintains. There are currently two methods by which sites are built, provisioned, and maintained.
- Handcoding using traditional HTML, CSS, and PHP
- Use of WordPress for structure, Woocommerce for ecommerce support, and various plugins and helper programs
Glitz, Glamour, and Pizazz
You may see that our own site isn’t flashy. It doesn’t have flashing lights and pictures, slideshows, and cats jumping through flaming hoops. That’s because our own methodology is one of being minimalist. We focus on a simple presentation, without the distractions of cats jumping through flaming hoops. Having said that, we CAN DO all of those things if you want. It’s your site, you get to decide how it works, within the limits of the platform.
Payments
For new clients, payment for any services must be made at the time of completion of that service. For renewing clients, payment for services must be made by the due date or Webclectics reserves the right to remove the site from public view.
Point of Contact and Training
Webclectics will require one point of contact during the Agreement for clarifying requirements for design, key features, usability and maintenance issues. Webclectics requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system.
Independent Contractors
Webclectics at its own discretion retains the rights to subcontract any portion of the Agreement.
Response Time
Webclectics works exclusively with Independent Contractors. The benefit of a flexible team is rapid scalability and a diverse set of services. Due to the nature of the business model, Webclectics is not set up to support on call services. Within the duration of this Agreement Webclectics will make every effort to reply to inquiries within 48 hours except where The Client has been previously notified of a period of limited availability. Webclectics will respond in good faith but cannot guarantee any specific action within a given time frame.
Hosting and Domain Services
Webclectics has contracted with a Hosting Service and provides and manages that service for it’s Clients. This Hosting Service is shared among all Webclectics clients. Webclectics is not responsible for any bug caused by changes on the Host after the Acceptance of this Contract, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations. Additionally, Webclectics is NOT responsible for down time, poor performance, or loss of data caused by the Hosting Provider. Webclectics, at its sole discretion, will engage the Hosting Provider to add sufficient capacity to insure the smooth operation of all Client’s websites. Should a client exceed a reasonable amount of resources, they will be moved to a higher level of service, which may involve additional costs to them.
As part of the Hosting Package, Webclectics will procure the desired Domain Name (internet address) if available on behalf of the client for a fee as documented in the Fee Schedule.
Non-Webclectics Hosting
In the event a Client chooses not to use Webclectics Hosting Package, the Final Product will be produced in a format that is capable of being loaded using the Client’s Hosting Service. Webclectics is NOT responsible for any issues arising from use of a non-Webclectics Hosting Service, including broken links, incorrect asset file locations or anything else related to hosting.
Backups and restoration
Webclectics maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While the Webclectics backup system is fully redundant, it is not guaranteed and does not support any content produced by the Client. The Client is solely responsible for the Backup and Restoration of the Finished Product(s) and any associated data.
Backups of current versions of all sites is supported by our current provider, should restoration of a site become necessary. The process of restoring a site may take 24-48 hours, however.
Security
Although Webclectics makes every effort to provide secure Finished Product(s), due to the nature of rapidly advancing technology, Webclectics can in no way guaranty that the Finished Product(s) will not be subject security breaches. Webclectics recommends the use of strong passwords and the observance of standard security practices. In order to minimize the chances of security violations, systems should be updated often. The Client is solely responsible for tracking software updates. As part of its standard hosting package, SSL security is included in each site for free.
Limited Liability
The Client agrees that any liability of Webclectics relating to this agreement and the services performed shall be limited to the amount of fees actually received by Webclectics, from the Client under this agreement regarding the services in question. In no event shall Webclectics be liable for any special, incidental, indirect, cover, consequential, exemplary or punitive damages; any damages based on injury to person or property; or any lost sales, profits or data, even if the Client is told that any such damages may occur.
Warranty
For all services falling under the Webclectics Hosting plan, Webclectics will provide ongoing maintenance and support for all sites or services under that plan, and will warranty the entire site for 30 days. After 30 days, any changes requiring more than 1 hour of labor will be subject to the hourly Consultation fee as noted in the fee services document.
Hourly projects are NOT subject to warranty. Design and the placement, editing and arrangement of editorial content are NOT subject to warranty. Should further support be necessary, a support contract may be negotiated.
Credit
Webclectics retains the right to use the Client within its roster of clients. A link to the The Client website/application website will be placed on the Webclectics web site as part of its business portfolio.
Review, Expiration, and Cancellation of Agreement
This Contract is valid for the revolving calendar year in which it was signed, at which point it expires. Upon expiration, both parties may review and amend the Contract and decide whether or not to renew. In normal situations, this Agreement may be terminated by either party with a full 30 day written notice, with the exception being a breach of the Terms of Service, which may result in a complete dehosting of the site immediately. All payments will be due and all work will be submitted upon the termination of Agreement. Refunds will be issued at the sole discretion of Webclectics.