Terms & Condition of Service
The following terms and conditions govern all use of the www.onewebdesignstudio.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by One Web Design Studio (“One Web Design Studio”) is a trading name of One Web Solutions LLC. The Website and it’s services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, One Web Design Studio’s Privacy Policy) and procedures that may be published from time to time on this Site by One Web Design Studio (collectively, the “Agreement”).
By ticking the checkbox relating to the terms and conditions when signing-up to our service, you are legally bound by these terms. If you do not agree with these terms and conditions you may not use the service.
Please read this Agreement carefully before accessing or using the Website or signing up to a Website Design Package. By accessing or using any part of the website, you consent to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services or sign up to a website design package. The Website is available only to individuals who are 18 years old or above.
This Document constitutes the entire agreement and contract between One Web Design Studio (the Service Provider) and you (the Client) concerning the subject matter hereof. You as a Client consent that you have read and agreed to the contract Terms & Conditions set below, before you sign up to any of the services provided by One Web Design Studio.
1. Your onewebdesignstudio.com Account
If Client signup or subscribe to a Website Design Package, a Social Media Marketing Package or a Search Engine Optimisation (SEO) package with One Web Design Studio, Client is responsible for maintaining the security of your user account dashboard by keeping a secure password in place and regularly changing your account login password.
2.Website Design General Terms
3(a) It is One Web Design Studio’s responsibility to design and setup Client’s website within the time period mentioned for each web design package.
3(b) It is Client’s responsibility to provide website content such as products/services information, Client’s business address and other contact details, website text/copy, images or any other required information to complete the website design project.
3(c) Maximum of 2 weeks time will be provided to Client to provide us any such details to complete the website project.
3(d) After two weeks time, a late fee of $5 per day will be added to the website design cost if Client failed to provide the information and content which is required to complete the website project.
3(e) A grace period of further 4 weeks will be provided to the Client before deleting the incomplete project in the event of no contact from the Client or no content received from the Client. Any contract(s) made between One Web Design Studio and the Client shall be considered as null and void in this case.
3.Pay Monthly Web Design Packages – Payment, Renewal and Cancellation.
3(a) General Terms
- By selecting a Pay Monthly web design package or service, Client agrees to pay One Web Design Studio the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications).
- Subscription payments will be charged on a pre-pay basis on the day Client signed up for a monthly web design package and will cover the use of that service for a monthly or annual subscription period as indicated in your plan.
- Standard E-Commerce website development average completion time is 4 weeks. Any custom work or any extra features could take more time to complete depending on the required extra work.
- Payments are non refundable unless indicated within a service otherwise.
3(b) Pay Monthly Web Design Contract Term:
- All pay monthly websites are a minimum of 48 months contract term unless stated and agreed otherwise.
- Within the first 48 months, the website will be owned by One Web Design Studio until your minimum contract has been met and paid in full each calendar month
- All website accounts are agreed on a 48 month contract, after this period a rolling monthly contract (30 days) comes into effect.
- On month 49th you will then own the website and all its content, imagery and files provided all payment has been received and cleared up until this point.
- No back end access or WordPress admin access, or any access to backend website files will be given to the Client during the active contract period.
- Client can request access to the website files, backend access or WordPress admin access after the 48 months contract ends and making the full payments for the whole contract period of 48 months.
3(c) Pay Monthly Web Design Automatic Renewal
Unless Client notify One Web Design Studio before the end of the contract subscription period (48 months) that Client wants to cancel a subscription, the subscription will be automatically renewed and Client authorise One Web Design Studio to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment method One Web Design Studio have on record for Client.
3(d) Pay Monthly Web Design Contract Monthly Fees
- By signing up to a “Pay Monthly” Web Design package Client agrees to pay One Web Design Studio the applicable setup fees and recurring fees.
- Applicable fees will be invoiced starting from the day your services are established and in advance of using such services.
- The first payment of the monthly recurring fee will be charged 24 hours before the website goes live.
- In the event where the website work is delayed due to a delay from the Client side in providing the required content to One Web Design Studio in order to complete the website project, the monthly fees will be charged as per the first monthly payment due date.
- One Web Design Studio reserves the right to change the payment terms and fees upon Seven (7) days prior written notice to the Client.
3(e) Cancellation of ‘Pay Monthly Web Design’ Packages
Cancellation Before Contract Period Ends
- If Client decides to cancel a “Pay Monthly” web design contract during the 48 months contract term, the outstanding amount for the remaining contract term is payable by the Client.
- This payment will be charged via the payment method on the file.
- In the event of cancellation of “Pay Monthly” Website agreement during 48 months contract (before the end date of the contract), the ownership of all work, website files & database and copyright (if applicable) will be retained by One Web Design Studio until outstanding payment for the remaining contract term has been made by the Client.
- In the case of Client does not pay off the outstanding amount on their remaining contract, the website will be deactivated for 30 days initially and deleted after 30 days from our servers.
Cancellation After Contract Period Ends
- Any “Pay Monthly” web design contract can be terminated (after 48 month) contract period ends upon thirty (30) days prior written notice to One Web Design Studio by the Client.
- An admin fee of $60 per website will be charged for account closure, cancellation of direct debit and to prepare the website files/database to transfer over to Client.
- Requests of cancellation must be sent in writing by emailing info@onewebdesignstudio.com. Accounts will be cancelled and direct debit agreements terminated.
- If Client’s direct debit fails and payment is not received within 7 days Client’s account will be terminated unless you have notified us of any issues and One Web Design Studio Client the Client have agreed otherwise.
- One Web Design Studio reserve the right, in our sole discretion, to reject or cancel any subscription or plan without prior notice.
3(f) Pay Monthly Website Maintenance Terms
- Hosting, technical maintenance, software updates and website backup services shall be provided by One Web Design Studio as standard and be included as part of the ‘pay monthly’ web design package fee.
- Client will be responsible for the payment of any recurring renewal fees for the website theme or any paid plugins renewals fees.
- One Web Design Studio will take extensive measures to ensure that the Client does not experience any disruption of service, One Web Design Studio cannot be held responsible or accept any liability for disruption of service caused by factors that lie outside and beyond One Web Design Studio’s control.
- Website amendments such as changes to text, images and contact information are included under ‘pay monthly’ website contact, if Client requires any additional work (such additional pages, custom developments or anything similar that is outside of original build scope) may incur a fee quoted on basis of work required.
- Any such work requests that fall outside of what is considered to be a basic amend, such as new pages, re-branding or additional functionality will be treated as a bespoke auxiliary service and will be quoted and billed as such.
3(g) Priority Support
If Client service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by One Web Design Studio to respond within 24 hours) concerning the use of the priority services. “Priority” means that support takes priority over support for users of the standard or free One Web Design Studio services. All support will be provided in accordance with One Web Design Studio standard services practices, procedures and policies.
3(h) Domain Names registered with ‘Pay Monthly Web Design Packages
- ‘Any new domain names registered with in ‘Pay Monthly Web Design’ contracts will be under the ownership and control of One Web Design Studio for the term of your contract.
- The Client can request ownership and transfer of domains after the end of 48 months contract term paying an admin fee of $15.
- Domain renewal fees are not included in your pay monthly package unless agreed otherwise.
- Client will be responsible to pay the domain name renewal fees when the domain name renewal is due.
- One Web Design Studio take no liability for any loss of profit or website downtime caused by expiration of domain names or other technical faults caused by any third party or domain registrar.
3(i) Non Payment
“Pay Monthly” contract website will be archived after 30 days of non-payments and will be deleted after non-payments for two consecutive months (60 days).
- Website Security & Management Plans
4(a) General Terms
- By selecting a website management plan, Client agrees to pay One Web Design Studio the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications).
- Subscription payments will be charged on a pre-pay basis on the day you sign up for a monthly web design package and will cover the use of that service for a monthly or annual subscription period as indicated in your plan.
- Payments are non refundable unless indicated within a service otherwise.
4(b) Automatic Renewal
Unless Client notifies One Web Design Studio before the end of the applicable subscription period that Client wants to cancel a subscription, the subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism One Web Design Studio have on record for the Client.
4(c) Fees Payment
By signing up for a Services account Client agrees to pay One Web Design Studio the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day Client’s services are established and in advance of using such services. One Web Design Studio reserves the right to change the payment terms and fees upon Seven (7) days prior written notice to the Client.
4(d) Cancellation
Monthly website management plans can be cancelled anytime by the Client, by submitting request to One Web Design Studio in writing.
One Web Design Studio reserve the right, in our sole discretion, to reject or cancel any subscription or plan without prior notice.
4(e) Level Of Website Management Support
All support will be provided in accordance with the number of monthly support hours mentioned in a support plan and with One Web Design Studio standard services practices, procedures and policies. Any extra support in addition to the allocated monthly hours will be charged at a rate of $20 per hour. The working hours will be approximate and estimated in accordance with the task requested by the Client.
4(f) What is included in Website Management Plan
The website management only includes support to Client’s current website, amending existing page copy, change of images.
4(g) What is NOT included in Website Management Plan:
Website management plans do not include addition of any new feature or functionality on Client’s website or addition/installation or any type of customisation of plugins and/or theme or creating new pages.
- Free Domain Name & Free Hosting Offer
5(a) Free Domain Names
Free domain names are free for twelve (12) months, from thereafter renewable at extra charge on yearly basis for the renewal price quoted at the time of renewal.
5(b) If the free domain was included as part of your web design plan, then One Web Design Studio will retain ownership until the lease expires. If Client wants to keep the domain name, can be transfered to Client for a fee of $15.
5(c) Free Web Hosting
Free web hosting is free for the period specified in such web design package, from thereafter renewable at an extra charge on yearly basis for the renewal price quoted at the time of renewal.
- Free Support Offer
6(a) What ‘Free Technical Support’ Covers
Free technical support covers any software updates, smooth operation of your website and rectifying any issues arise due to coding or structure of the website which may cause to stop or malfunction your website.
6(b) What ‘Free Technical Support’ Does Not Cover
Free technical support does not include any addition of new features or functionality to the website, any cosmetic changes, addition or amendment of website content, copy, images or products.
6(c) When ‘Free Technical Support’ becomes Null & Void
- i) When you move your website away from One Web Design Studio server to a third party hosting service.
ii) When the website code files been amended or changed in any way by any third party or person other than a technical support representative at One Web Design Studio. - Unlimited Revisions in Website Offer
7(a) Unlimited Revisions in Offer is valid until your website is moved from development server to a live server (which will be on your request). No revisions will be offered free of charge after your website is live on your domain name, until and unless there is a technical issue arise as described in the section: “Free Lifetime Support Offer” above in this document.
- Money Back Guarantee
8(a) Money back guarantee offer is is valid for 7 days starting after you book a service or web design package on our website.
- Use of Domain Names
9(a) If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Responsibility of Website Visitors & Clients
10(a) One Web Design Studio has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, One Web Design Studio does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. One Web Design Studio disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Copyright Infringement and DMCA Policy
11(a) As One Web Design Studio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by www.onewebdesignstudio.com violates your copyright, you are encouraged to notify One Web Design Studio in accordance with One Web Design Studio’s Digital Millennium Copyright Act (“DMCA”) Policy. One Web Design Studio will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. One Web Design Studio will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringe of the copyrights or other intellectual property rights of One Web Design Studio or others. In the case of such termination, One Web Design Studio will have no obligation to provide a refund of any amounts previously paid to One Web Design Studio.
- Intellectual Property
12(a) This Agreement does not transfer from One Web Design Studio to you any One Web Design Studio or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with One Web Design Studio. One Web Design Studio, www.onewebdesignstudio.com, the www.onewebdesignstudio.com logo, and all other trademarks, service marks, graphics and logos used in connection with www.onewebdesignstudio.com, or the Website are trademarks or registered trademarks of One Web Design Studio or One Web Design Studio’s licencors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any One Web Design Studio or third-party trademarks.
- Advertisement
13(a) One Web Design Studio reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
13(b) One Web Design Studio reserves the right to display attribution links such as ‘Blog at www.onewebdesignstudio.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products
14(a) By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
14(b) One Web Design Studio reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. One Web Design Studio may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
14(c) One Web Design Studio may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.onewebdesignstudio.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by One Web Design Studio if you materially breach this Agreement and fail to cure such breach within Seven (7) days from One Web Design Studio’s notice to you thereof; provided that, One Web Design Studio can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
15(a) The Website is provided “as is”. One Web Design Studio and its suppliers and licencors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant ability, fitness for a particular purpose and non-infringement. Neither One Web Design Studio nor its suppliers and licencors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. Client understands that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability
16(a) In no event shall One Web Design Studio, or its suppliers or licencors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to One Web Design Studio under this agreement during the twenty four (24) month or fourty eight (48) months period prior to the cause of action. One Web Design Studio shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
16(b) The Client agrees that One Web Design Studio shall not be held liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, internet failures, web hosting server failures, telecommunication problems, software failure, hardware failure, third party interference, discontinuation and/or interruption of third party services, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
16(c) One Web Design Studio shall not be held liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
16(d) For an E-commerce website designed by One Web Design Studio for the client, One Web Design Studio shall not be held liable for any payment matters or losses between the client and their customers, loss of sales of products or services.
16(e) One Web Design Studio shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.
16(f) The entire liability of One Web Design Studio to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
