Terms of Service

WebYou provides premium digital design and development services including, but not limited to, web design, UI/UX design, brand identity, digital strategy, and website performance optimization (collectively, "Services"). The specific scope, deliverables, timelines, and fees applicable to any particular engagement shall be set forth in a written Statement of Work ("SOW") or Project Agreement executed by both parties.

WebYou reserves the right to decline any project or client at its sole discretion, without obligation to provide justification.

All fees for Services are set forth in the applicable SOW or Project Agreement. Fees are quoted in United States Dollars (USD) unless expressly stated otherwise. WebYou typically requires a non-refundable deposit (as specified in the SOW) prior to commencement of any work. Remaining balances are due per the payment schedule outlined in the SOW.

Invoices are due and payable within seven (7) calendar days of issuance unless otherwise specified in writing. WebYou reserves the right to charge interest on overdue balances at a rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by applicable law, if lower), accruing from the due date until paid in full.

Client shall reimburse WebYou for all pre-approved, reasonable, and documented out-of-pocket expenses incurred in connection with the performance of Services.

Estimated timelines are provided in good faith and are contingent upon Client's timely fulfillment of all obligations, including provision of content, assets, feedback, and approvals. WebYou shall not be liable for delays caused by Client's failure to perform its obligations.

Client agrees to designate a single point of contact with authority to provide approvals and feedback. Client acknowledges that scope changes, revisions beyond the agreed number, or additions requested after project commencement may result in additional fees and timeline adjustments, which will be communicated in a written change order prior to implementation.

Client-Owned Materials. All content, images, logos, and materials provided by Client to WebYou remain the intellectual property of Client. Client represents and warrants that it has all necessary rights to provide such materials and that their use by WebYou will not infringe any third-party rights.

WebYou Pre-Existing IP. WebYou retains all rights, title, and interest in and to its pre-existing intellectual property, proprietary tools, methodologies, frameworks, and processes used in delivering the Services.

Deliverables. Upon receipt of full payment of all fees due under the applicable SOW, WebYou assigns to Client all right, title, and interest in the final, approved deliverables created specifically for Client under that SOW, excluding any pre-existing WebYou IP incorporated therein. WebYou retains a non-exclusive license to display deliverables in its portfolio and marketing materials unless Client expressly requests otherwise in writing.

Portfolio Rights. Unless otherwise agreed in writing, Client grants WebYou a perpetual, non-exclusive, royalty-free license to display completed work product in WebYou's portfolio, website, social media, and other promotional materials.

Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to any third party without prior written consent, except as required by law. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Client represents and warrants that: (i) it has full authority to enter into this Agreement; (ii) the materials and information provided to WebYou do not infringe any third-party intellectual property rights; (iii) Client's products and services comply with all applicable laws; and (iv) Client will not use deliverables for any unlawful purpose.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, WEBYOU MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBYOU BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF WEBYOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WEBYOU'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO WEBYOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Client agrees to indemnify, defend, and hold harmless WebYou and its officers, directors, employees, agents, and successors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (i) Client's breach of these Terms; (ii) Client's use of the deliverables in violation of applicable law; or (iii) any third-party claim that materials provided by Client infringe such third party's intellectual property rights.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, with proceedings conducted in California. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction without waiving the right to arbitration.

TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Either party may terminate the engagement upon written notice if the other party materially breaches these Terms and fails to cure such breach within fourteen (14) days of written notice. Termination does not relieve Client of any payment obligations accrued prior to the effective date of termination, and the No Refund Policy set forth in Section 3 shall survive termination in its entirety.

WebYou reserves the right to suspend or discontinue Services in the event of non-payment or Client's breach of these Terms, without liability to Client.

Entire Agreement. These Terms, together with any applicable SOW or Project Agreement, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, representations, and agreements.

Amendments. WebYou reserves the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Continued use of our services following such update constitutes acceptance of the revised Terms.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

No Waiver. Failure by either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Force Majeure. WebYou shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, governmental actions, internet disruptions, or third-party platform failures.

Questions regarding these Terms should be directed to:

WebYou
Email: hello@webyou.me
Website: webyou.me