Last Updated: 10 June 2023
1. Ownership and Intellectual Property
Until the website is paid for in full, all rights and ownership of the website remain with RTOWebby. Clients are prohibited from copying any part of the website for intellectual property purposes, except for content they have provided. If the client cancels the service before completing full payment, RTOWebby retains ownership of the website and reserves the right to delete the website content immediately.
2. Payment Terms
The payment term is 26 months. Clients may choose their payment term when initially hiring RTOWebby. The term can be shortened at any time but cannot be extended beyond a total of 26 months. Payments are due monthly from the date of the initial payment.
3. Late Fees and Termination
A late fee of $15 will be applied if payment is not received within 7 days of the due date. If payment is not made within 20 days, the service may be terminated, and the website will remain the property of RTOWebby.
4. Transfer of Ownership
Full ownership of the website will be transferred to the client only after all payments have been made in accordance with the agreed payment plan. Upon completion of the payment term, RTOWebby will facilitate the transfer of all necessary website files and intellectual property to the client.
5. Chat Integration & Appointment Booking Tools
RTOWebby includes chat integration and appointment booking functionality as part of your active subscription. These tools are installed, configured, and maintained by RTOWebby for the duration of your plan.
Upon completion of the 26-month term, the client gains full ownership of the website and may transfer it to another hosting provider. However, the chat integration is non-transferable and cannot be included in the migration, as it is licensed and maintained through RTOWebby. Continued use of this feature requires an active maintenance agreement or separate license purchased by the client.
Appointment booking tools may remain functional after transfer, depending on the plugin used. Advanced features, support, and updates may require a separate license or a continued maintenance agreement with RTOWebby.
6. Scope of Services
The service includes the initial website design, development, and basic SEO setup. Any additional features or changes requested by the client beyond the original scope will be subject to additional charges. Once the design is agreed upon, RTOWebby reserves the right to deny any further design changes or overhauls, as these can strain resources, unless the client agrees to pay additional fees to accommodate the changes.
7. Support and Maintenance
Basic support and maintenance are included during the payment term. After full payment, clients can choose and purchase one of our hosting and maintenance packages or have their site migrated to another provider.
8. Termination and Refund Policy
Clients may cancel the service at any time. No refunds will be provided for payments already made. If RTOWebby terminates the service, any prepaid amounts will be refunded on a prorated basis for the canceled month only.
RTOWebby reserves the right to terminate services in the following situations:
- Non-Payment: If the client fails to make payments on time, particularly after multiple reminders or a grace period.
- Breach of Terms: If the client violates any terms of service, such as attempting to claim ownership of the website before full payment or copying RTOWebby’s intellectual property.
- Inappropriate or Unlawful Use: If the website is used for unlawful activities, abusive content, or purposes that could harm RTOWebby’s reputation.
- Failure to Provide Required Information: If the client does not provide essential content, images, or information necessary for website creation within a reasonable timeframe.
- Inactivity or Extended Delay: If the project becomes inactive due to the client’s lack of communication or delays in approvals.
- Misuse of Support or Resources: If the client misuses support services or RTOWebby’s resources, including excessive or unrelated requests.
- Force Majeure or Business Disruptions: In cases of unexpected disruptions beyond RTOWebby’s control, such as natural disasters or legal changes, that make continuation unfeasible.
9. Client Responsibilities
Clients are responsible for providing prompty all necessary content, images, and information required for website development completion. Client must continue to make monthly payments during the website creation process. Delays in providing required information or content may affect the project timeline.
10. Content Deletion
In the event of cancellation, RTOWebby reserves the right to delete, modify, re-purpose, or otherwise use any content or website elements created or provided by RTOWebby.
11. Service Modifications
RTOWebby may update or change the services we provide, or even discontinue parts of them, as needed to adapt to changes in technology, business needs, or regulations. However, any changes we make will not reduce or limit your rights or responsibilities under this agreement.
12. Liability and Indemnity
RTOWebby will not be liable for any direct, indirect, incidental, or consequential damages arising from the use of our services. The client agrees to indemnify and hold RTOWebby harmless from any claims, losses, or damages arising from their use of the website.
13. No Guarantee of Business Results
While RTOWebby is committed to delivering excellent service, we do not make any guarantees regarding business performance. This includes but is not limited to increases in traffic, sales, leads, or profits. The effectiveness of a website depends on many variables outside of our control. Clients agree that RTOWebby is not responsible for any business losses or lack of expected results.
14. Dispute Resolution
In the event of a dispute, the parties agree to attempt to resolve the matter through mediation before pursuing any other legal remedies.
15. Confidentiality
Both parties agree to maintain the confidentiality of all private information that will not be exposed on the website. RTOWebby commits to protecting sensitive information provided by the client and will not disclose such information to any third parties without prior consent, unless required by law.
16. Governing Law
These terms of service will be governed by and construed in accordance with the laws of the state where RTOWebby is based, without regard to its conflict of law provisions.
17. Scope of Terms
These Terms of Service may not cover every possible scenario, as we cannot anticipate acts of God, government actions, or unforeseen human circumstances.
18. Acceptance of Terms
By using our services, the client agrees to these terms of service in full. If the client does not agree to these terms, they should refrain from using our services.