This website is operated by EndeavorWebs TM a trademark of EndeavorWebs Ltd.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and conditions. 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. If these Terms and conditions are considered an offer, acceptance is expressly limited to these Terms and conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and conditions. You can review the most current version of the Terms and conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
EndeavorWebs online services are provided at ‘endeavorwebs.com’, an online ecommerce service provider that allows you, the user/client to choose, order services online, pay for them automatically and sign ecommerce subscriptions that will carry on automatic monthly charges on your chosen payment method.
You can only purchase a product or sign to a service subscription from our site after agreeing with these Terms and Conditions.
TERMS AND CONDITIONS
As used herein, the following terms shall have the meanings set forth below:
(a) The terms “we”, “us” and “our” refer to EndeavorWebs.
(b) ‘You’, ‘the user’ also known as ‘the customer’ or ‘the client’ is who EndeavorWebs offers this website to, including all information, tools and services available from this site, conditioned upon the acceptance of all terms, conditions, policies and notices stated here.
(c) A “Service” may be a reference to a digital service offered online.
(d) “Terms” refers to “Terms and conditions” on this website.
SECTION 1 – ONLINE STORE TERMS
(a) By agreeing to these Terms and conditions, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
(b) You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
(c) You must not transmit any worms or viruses or any code of a destructive nature.
(d) A breach or violation of any of the Terms will result in an immediate termination of your Services.
(e) We consider an order is paid, which initiates the process for a product or service delivery, when you choose a product or service on the website, agree with these Terms and conditions, conclude the order by paying it in full or 50% deposit for some products, using a credit card, paypal account, Bitcoin, direct bank transfer or any other form of payment available on the website, and the payment is received on our accounts. Failing to pay for a service order will invalidate the order.
(f) EndeavorWebs is not responsible for the loss or misplacement of funds by an error during processing or an unknown reason that is never accounted for in our accounts, whether the errors were generated by human or automated means. That includes misplacement or disappearance of cryptocurrency payment funds by error or network failure.
SECTION 2 – GENERAL CONDITIONS
(a) We reserve the right to refuse service to anyone for any reason at any time.
(b) You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- Transmissions over various networks; and
- Changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
(c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service that is not clearly intended to be hired as a service product by you with the nature to be published by you, used or shared by others. You also agree not to access any contact on the website through which the service is provided, without written permission from us.
(d) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
(a) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
(b) This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – ENGAGEMENT AND ORDER PROCESS
(a) An order is composed of the following steps or processes:
- ‘Purchase’ – Client chooses a digital product or service on our website and buys it by adding the digital product to the website payment system, or pays 50% deposit, when applicable;
- ‘Order Initiated’ – EndeavorWebs receives the initial order process confirmation, then assigns it as ‘order initiated’, and waits for the payment to be verified and received on its accounts;
- ‘Order information exchange’ – when specified, once the order is confirmed, order inquiry forms are being sent via email and they need to be filled out and returned asap, so production can begin.
- ‘Production’ – Once the payment is confirmed to have been received and, when specified, the order inquiry forms are returned, client’s order moves from ‘order initiated’ to ‘production’, when the order is then lined up for production in accordance with the team availability;
- ‘Production Information Exchange’ – EndeavorWebs may request in written extra information, guidance or access to servers or administrative areas where it needs to work on client’s order, when necessary. Client also may approach EndeavorWebs in written with specific guidance on the same order line of the process, so the digital product or service can be generated in accordance with client’s desired outcome;
- ‘Delivery’ – EndeavorWebs team create or develop the desired digital product and service and deliver it to client; when specified, delivery can only occur when any remaining payment is received.
- ‘Revision Period’ – Client either accepts the digital product or service as delivered, or requests alterations within 2 working days of the actual delivery. No more than 3 variations can be requested.
- ‘Conclusion’ – Once client has accepted the digital product or service the order is considered complete, with only warranty in place, if applicable.Other phases that may or may not be included in the order process, and should not be considered intrinsic part of the order:
- ‘Cancellation’ – Cancellation can occur before the ‘conclusion’, but not after it.
- ‘Warranty Period’ – Some digital products and services may or may not carry warranty depending on different conditions and nature of the digital product or service ordered, please check Section 15.
(b) You may engage us to carry out a service or by buying a digital product to be created for you by accepting these Terms and conditions during an online order for one of our services or digital products available on our website.
(c) We reserve the right to refuse any order you may place with us without the need to give you a reason for it.
SECTION 5 – PRODUCTS OR SERVICES
(a) Certain products or services may be available exclusively online through the website. These products or services may have limited resources of production and be subject to cancellation with their initial cost being exchanged for other services or returned.
(b) We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that your computer’s monitor display of any color will be accurate. Most parts of EndeavorWebs are made in black and white and this feature should not impact color blind users.
(c) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
(d) We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected, however, they may be in the boundaries of our given service warranty in Section 15.
(e) The Services that we provide to you, and any specific terms, may include some or all of the following but not limited to; design, online advertising, maintenance, domain name service, development and technology, third party software, third party affiliate programs, social media management (SMM), search engine optimization (SEO), warranty, strategy and analytics, email and SMS marketing, use of licensed stock material by EndeavorWebs associated businesses, use of third party licensed stock material, training, support and maintenance packages, hosting.
(f) You acknowledge that electronic services are subject to interruption and breakdown and all non-electronic services are subject to disruption, and therefore the Services will not be error-free or uninterrupted and your access to the service and the operation of the Service will not be error-free or uninterrupted.
SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES
(a) Prices for our products or virtual services are subject to change without notice.
(b) We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time, without notice.
(c) We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 – HOURS OF SERVICE
(a) Services will be carried out in different time zones due to the nature of EndeavorWebs team, located in different parts of the World. The delivery of services or products should be expected to be done during the headquarters office hours in London, United Kingdom UTC+1, from Monday to Friday excluding public holidays and the Christmas / New Year closure periods in the United Kingdom.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
(a) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
(b) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 – OPTIONAL TOOLS AND THIRD PARTY SERVICES
(a) We may provide you with access to third party tools or services over which we neither monitor nor have any control or input. Following are some examples of the third party services we may introduce to you or come to open an account on your behalf as part of a service; Google Analytics, Google Adsense, Facebook, Tweeter, Instagram, LinkedIn, Google+, YouTube, Weglot, Leupay, Paypal, Bitpay, Bittrex, Coinbase, Binance, Pinterest, Tumblr, Flickr, Reddit, Snapchat, Telegram, Skype, Whatsup, Quora, Vine, Periscope, BizSugar, StumbleUpon, Delicious, Digg, Viber and any other third party service not mentioned above.
(b) You acknowledge and agree that we provide access to such tools or third party services “as are” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools or services.
(c) Any use by you of optional tools and third party services offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third party provider(s).
(d) We may also, in the future, offer new services and/or features through the website (including the release of new tools or new third party services access and resources). Such new features and/or services shall also be subject to these Terms and conditions.
SECTION 10 – THIRD PARTY LINKS, THIRD PARTY ON-SITE ADVERTISEMENT AND THIRD PARTY SOFTWARE.
(a) Certain content, products and services available via our Service may include materials from third-parties and advertisements that may be explicitly offered to you or that will be shown as a third party advertisement throughout the website as marketing banners or pop-up ads. Also by but not limited to advertisement sent to you by email, direct chat messages, social media links and mail.
(b) Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties.
(c) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
(d) As part of Service we may provide or suggest third party software, services or platform and you acknowledge that:
- We have limited control over the functionality or operation of the third party software, service or platform;
- If the third parties provide data or other information for use with the software, we have no control over the accuracy or completeness of that information;
- You accept and must comply with the terms and conditions of the Third party Software providers; and
- Those third party software or service providers may invoice you directly for ongoing costs relating to your use of their software or platform.
- Some third party software or service providers may change subscription, and it’s your responsibility to become familiar with it.
- We are not responsible for maintenance of any third party service we may suggest to you, and that you may sign up to, and that may require a subscription fee.
- We are not responsible for any data loss, placed or created in any third party service that you may come to sign up or join, suggested or not by us, that ceases to exist, or that comes to close your account for any reason, including a non-payment of a subscription fee that may be required for the service to be maintained.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(a) If, at our request, you send certain specific submissions (for example content entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation:
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
(b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms and conditions.
(c) You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
(a) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
(b) We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
(a) In addition to other prohibitions as set forth in the Terms and conditions, you are prohibited from using the site or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
SECTION 15 – WARRANTY
(a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
(b) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable, even so we will do our best to reach your expectations.
(c) You agree that from time to time we may remove a service for indefinite periods of time or cancel the service at any time, without notice to you.
(d) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, conditions or warranties of any kind not expressly lined up in this Section, either expressed or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
(e) In no case shall EndeavorWebs, our directors, manager directors, account directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
(f) EndeavorWebs offers different warranty periods for different services and products, below are some of the conditions for offered warranty:
- During a warranty period we provide 2 rounds of testing and feedback and 2 subsequent rounds of code fixes.
- The warranty period will commence the moment the digital product or service is handed over for you, and testing on your end can begin.
- All identified bugs must be reported within the Warranty period.
- It is your responsibility to review and test the software and ensure you are satisfied with it during the testing and warranty periods.
- Any modifications that are not defined as a bug for the purposes of this warranty will be quoted separately as an extra charge.
- Any bugs that fall outside the warranty period will be quoted separately as an extra charge.
- When open source software, such as Apache, PHP, October CMS, WordPress and MySQL, or any other, is used to build and host websites, we cannot guarantee that these open source software products are error-free.
- Any work required to address bugs, version or system updates, is not included under the Warranty and will be quoted separately.
- Any bug fixes or changes required as a result of upgrades to mobile operating systems like ios, android or windows, are not included under the Warranty and will be quoted separately.
- Any bug fixes or changes required as a result of upgrades to search engines or system upgrades, are not included under the Warranty will be quoted separately.
- Unless otherwise specified in any particular digital product or service, its operation Warranty will only apply to the following operational systems and software environments they may be designed to be operated from:
I. The latest 2 browsers versions for Chrome, Firefox, Safari, Edge, Opera.
II. The latest version of Microsoft’s Internet Explorer (IE 11)
III. The latest 2 operating systems for Windows, Android and iOS
IV. The latest 2 device versions for Windows, Android and iOS
(g) Below are the different warranty periods offered by us with our current services outlined by their respective warranty periods:
- Six (6) months period warranty after delivery for client testing:
I. Newly created, designed and developed by us websites, including or not custom coding for them.
II. Newly created, designed and developed by us ecommerce websites, including or not custom coding for them.
- Five (5) working days period warranty after delivery for client testing:
I. Newly created by us basic wordpress without customization installation, custom coding or development.
II. Custom coding for existing websites.
III. Ecommerce payment web systems.
IV. Multilingual web systems.
V. Existing server software setup or update.
VI. Newly created server operational system.
VIII. SEO, SMM.
IX. Newly installed by us WordPress plugin in an existing wordpress website.
X. Domain services and maintenance, but not including domain name creation.
XI. Email accounts creation and maintenance.
XII. Affiliate marketing setup.
(h) Due to the nature of some digital products and services, warranty will not be offered, and EndeavorWebs reserve the right to NOT return funds for any of the digital items purchased on its website online shop, that may be created for you or that is qualified as virtual work performed for you, qualified as final, or that incur labor and effort from EndeavorWebs to perform or create such products or services. These virtual services or products are done and once published or delivered are not able to be returned in a traditional manner, for that reason but not least, these products do not have warranty, leaving you to accept the products the way they were created or to request a review for the products or services that have this availability. EndeavorWebs reserve the right to not do further reviews or alterations for the digital products or services that qualify for 3 reviews or alterations, without charging you extra labor fees.
- No warranty offered, however, with 3 reviews or alterations available to be requested on final delivery during approval but that cannot exceed 2 working days to be requested:
I. Imagery, video, animated video or logo design newly created by us; including gif, png, jpg, mp4, mp3, pdf, docx and other format we may create for you.
II. Video editing for an existing video done for you.
III. Newly created social media channel service on your behalf, such as facebook, tweeter, instagram, pintrest, linkedin, tumblr, youtube or any other social media channel service that may be created on your behalf.
- No warranty offered and no reviews or alterations offered.
I. Newly created third party services on your behalf, such as google adsense, google analytics, weglot, leupay, bitpay or any other third party service that may be created on your behalf.
II. Domain creation after the domain name is approved by you.
III. Online marketing campaign once done.
IV. Social media management once done.
(i) EndeavorWebs reserves the right to add new or change digital products and services in any particular warranty category without informing you.
(j) The determination of warranty labor is at the discretion of EndeavorWebs.
SECTION 16 – CONTENT AND MATERIALS SUPPLIED BY YOU
(a) You must supply to us all required materials you want us to use in the Service, and all other content and materials we reasonably request (Client Content) in a timely manner.
(b) You must supply all Client Content in the following digital format/s:
- Images: high resolution where possible (JPEG, PNG files);
- Text/copy: Microsoft Word or Rich Text clearly labeled and in correct order;
- Tables: Microsoft Excel clearly labeled and in correct order;
- Logos: vector format Illustrator EPS, Abode AI, CorelDraw CDR;
- Diagrams, maps: vector format files in PNG, JPEG and AI;
- If required, access to your current website and database via SSH, ftp and/or CMS/hosting control, Plesk and Linux server administrative panel login;
- Brand, domain, logo style guidelines when and if required.
- Imagery and video creation and editing guidelines when and if required.
- Social media channel customization guidelines when and if required.
(c) We may charge Additional Costs if the Client Content is not provided in the appropriate format or if material is not supplied when requested.
(d) You warrant that the materials or content you provide to us, or that are provided to us on your behalf, will not:
- Breach any rights (including Intellectual Property Rights or Moral Rights) of any third party; or
- Compromise the security or operation of our computer systems, through a virus or otherwise.
(e) You indemnify, and agree to keep EndeavorWebs, its directors, officers and employees indemnified, against all Loss arising out of the breach of any rights (including Intellectual Property Rights and Moral Rights) of any third party in connection with materials or content that you supply to us, or that are supplied to us on your behalf.
SECTION 17 – VARIATIONS AND ADDITIONAL COSTS
(a) Examples of Additional Costs include:
- Requested additional design concepts and alternations;
- Requested changes to the design after final approval has been requested or provided;
- Content not in the appropriate format;
- Uploading and styling layout of additional client content;
- Additional training sessions when training is offered or required.
SECTION 18 – PURCHASE OF STOCK IMAGES, FONTS, PHOTOGRAPHY, AUDIO OR VIDEO
(a) Unless specified in the Proposal, the Fees do not include any searches or purchase of stock images, commercial fonts, photography, audio or video.
(b) You can provide stock images, commercial fonts, audio or video, or we can purchase them on your behalf. When any stock images or commercial fonts are purchased on your behalf, EndeavorWebs will be the license holder and the image or font can only be used under the terms of the license/s.
(c) You indemnify, and agree to keep EndeavorWebs, its directors, officers and employees indemnified, against all Loss arising out of the breach of these licenses.
(d) Standard stock images will be charged according to the Stock Image Rates.
(e) Stock images sourced from EndeavorStock may be offered with discount or no charge according with specific promotions open to you as an EndeavorWebs customer.
(f) Pricing for any font, photography, audio or video required will be provided for approval separately via a Variation Notice.
(g) Ownership of the finished photography, audio or video will be transferred to you upon full payment of all issued invoices.
(h) EndeavorWebs retains ownership of all working files when purchase on your behalf under EndeavorWebs accounts or name.
SECTION 19 – YOUR APPROVAL AND PRODUCTION SCHEDULING
(a) Your approval may be required for a number of items (Approval Item) presented to you:
- Completed design;
- Design concepts (and your choice of one of them);
- Marketing specifications;
- Technical specifications;
- Service brief;
- Functional specifications (sitemap and wireframes);
- Design specifications;
- Each updated version of the chosen design concept;
- Completed deliverable including uploaded content;
- Variation Notices; and
- Any other item for which we request your approval.
(b) When we provide you with any approval item, you must notify us in writing whether you do or do not accept the completed approval item.
(c) You will be deemed to have accepted the Approval Item if we do not receive a response from you within 2 working days.
(d) Your acceptance of the completed approval item in accordance with paragraph (b) or (c) means that the approval item is complete, and no further amendments are necessary. However, we will not proceed to the next stage of the service until we receive your approval to proceed, for that reason the expected delivery period can change due to your inaction.
(e) There may be Additional Costs in having to reschedule services, team or facilitate continuance due to unplanned delays in obtaining approval. If unable to perform continuance, the Client may have to pay a shut down and subsequent restart fee commensurate to the labor and resource costs incurred.
(f) When and if we consider it to be necessary, we will develop a production schedule for the digital product or services offered to you. We will use reasonable commercial endeavors to carry out the services in accordance with that schedule.
SECTION 20 – DIGITAL MARKETING SERVICES AND CANCELLATIONS
(a) You acknowledge that the Digital Marketing Services provided by EndeavorWebs is not an exact science and that search engines, media services, platforms and providers are constantly changing and evolving and that EndeavorWebs has no control over these changes.
(b) EndeavorWebs will perform the Digital Marketing Services utilizing best practice strategies and up to date techniques, and will make recommendations to best achieve the client’s goals, but cannot guarantee results.
(c) EndeavorWebs will endeavor to seek approval from the Client for material prior to publication, but this may not always be possible due to time constraints, deadlines and access to the appropriate authority.
(d) EndeavorWebs will perform the Digital Marketing Services as specified under the service original listing offer on our website or as agreed in writing with the client, utilizing the specified providers and/or platforms, for the specified term.
(e) If a client wishes to cancel an unfinished digital product production or service that was ordered and paid for online, EndeavorWebs may offer a refund, a credit or a partial credit, depending on when the cancellation request is at the ‘order initiated’ process:
- No penalty will be charged when a digital product or service is purchased and cancelled within 24hs and no work has been done by EndeavorWebs or its team.
- A cancellation fee of 25% will incur to refunds requested by users as cancellation within 24-48hs.
- A cancellation fee of 50% will incur to refunds requested by users as cancellation within 48-72hs.
- A cancellation fee of 75% will incur to refunds requested by users as cancellation between 3 to 5 days.
- NO refund will be offered after 5 days, however, an equivalent credit of the original purchase can be given in special conditions discretionary to us, and explicitly approved by our directors or account managers.
(f) You indemnify, and agree to keep EndeavorWebs, its directors, officers and employees indemnified, against all Loss arising from actions taken performing digital marketing services.
(g) EndeavorWebs cannot be held liable and accepts no responsibility for being unable to perform the Digital Marketing Services due to lack of client resources or access.
(h) EndeavorWebs may be required to work alongside another agency or third party provider. EndeavorWebs cannot be held liable and accepts no responsibility for being unable to perform services due to faults or defects in any service provided by third parties.
(i) EndeavorWebs reserves the right to charge Additional Costs caused by the Clients instructions, lack of instructions, interruptions, mistakes, work for which EndeavorWebs is not responsible and changes to the requirements, expectations or hardware and software environment, and extra work required caused by faults or defects in any service provided by a third party.
SECTION 21 – DESIGN
(a) Our design services will include the delivery of one design concept to you, and you may request up to but no more than 3 reviews or alterations if necessary during the delivery but the request for alteration cannot exceed 2 working days from the delivery date.
(b) Upon completion of the alteration, EndeavorWebs will supply an updated version of the design concept, digital product or service to you.
(c) If you request additional concepts or alterations, or request changes to the design after the final approval has been requested or provided, the work will be an additional cost, and charged as such.
(d) Once the alteration is accepted the digital product or service purchase process is considered complete, pending only warranty if available.
(e) The work referred to in paragraph (c) does not include a change to the specifications which will be treated as a Variation.
(f) Other design services may include:
- Branding – competitor analysis, name research, URL review, logo trend analysis, branding options, refinement, final brand and logo and style guide;
- Discussions regarding developing options for your digital marketing strategy, current system review and analysis;
- Other design services – print ad design, booth design, banner design, business card and stationary design and printing, brochure design, email template design, sub-brand logo design.
(g) Ownership of the finished design will be transferred to you upon delivery and approval of any alteration as final.
(h) EndeavorWebs retains ownership of all working files, and may partially use the developed design or technology to produce new creations for other parties.
SECTION 22 – COPYWRITING
(a) Our copywriting services may include any material developed specifically to generate your digital product or service, but not resumed to it.
(b) The ownership of the finished digital product or service will be transferred to you upon the delivery process.
(c) EndeavorWebs retains ownership of all working files, developed methods during creation and support material that was used to create your digital product or service.
SECTION 23 – DEVELOPMENT
(a) Our development services will be derived from a standard service offered by us and written information exchange between you and our team, and provided by you during or after the ‘order initiated’ process, the technical specifications, and final deliverables from discovery and design stages.
(b) Our development services may include uploading, styling and layout of the client content to the developed software. If applicable we will complete a specified number of standard pages or screens of the software. If we complete additional pages or screens for you, the additional work will be an additional cost.
(c) A Content Management System (CMS) may be provided as part of the Service. Unless otherwise specified in communication during the ‘exchange of information’ process, our services do not include customization of this CMS, its extensions, plug-ins or components. Any customization required will be considered a variation. The customization, extension, plug-in or component remains licensed under the original author or EndeavorWebs; and you accept and must comply with the CMS terms and conditions in relation to your use of the customization extension, plug-in or component.
(d) You acknowledge that the CMS and many of its extensions, plug-ins and components are provided by third parties, and therefore we have limited control over the functionality or operation of the CMS and its extensions etc; and you accept and must comply with the terms and conditions of those third parties relating to the CMS.
(e) A Standard Page or Screen is: up to 500 words, up to 3 images and up to one implementation of any tabular data.
(f) Unless otherwise specified in the digital product or service description listed online or as agreed in writing with EndeavorWebs, EndeavorWebs retains ownership of the IP of any custom applications.
(g) You acknowledge that EndeavorWebs is free to reuse any code, inventions, extensions, plug-ins or components and you grant EndeavorWebs an indefinite perpetual license to use, re-sell and modify.
(h) Ownership of the finished deliverable will be transferred to you during the ‘delivery’ process.
(i) EndeavorWebs retains ownership of all working files.
(j) Unless otherwise agreed for all apps being uploaded to an app store (iTunes, PlayStore, Windows App Store), EndeavorWebs will be listed as the ‘developer’ and or a ‘service provider’. If in the event the Client wishes to be the ‘developer’ with their own account, EndeavorWebs needs to be expressly inform of such a wish, in such a case extra costs may be applied.
(k) You acknowledge that the software that is developed by EndeavorWebs and its Team may run on third party platforms, software and environments and therefore if any of these third party platforms, software or environments make an update or discontinue this may cause your software to break down, be interrupted or not operate at full functionality.
SECTION 24 – MAINTENANCE
(a) Our maintenance services consist of making modifications and updates based on the ordered service, and guided by brief and/or specifications.
(b) Unless otherwise specified in the ordered service, the fees for modification do not include any provision for training or post-implementation support or warranty.
(c) SMM or Social media management involves a maintenance regime throughout the period that this service is hired by you. SMM is done on your behalf by a third party provider and requires your consent and agreement for this maintenance to take place, by acknowledging these Terms and Conditions, you consent EndeavorWebs to perform maintenance on your behalf in your social media channel whichever SMM is being done.
SECTION 25 – SUPPORT
(a) Support is offered on all EndeavorWebs products and services with warranty
- Full support offered during the warranty period
- Limited support offered after the warranty period
(b) Scheduling – EndeavourWebs team will respond to the support requests within 24h of the request being submitted, within the office working hours
(c) The support consists of the following:
- Help with using the platform
- Help understanding reports
(d) How is the support offered:
- by email email@example.com
- by chat available on the website
(e) What is not included in the support:
- performing tasks included in the initial products and that the user has changed or customized.
- replacing a software or code that has been changed and requires a specialist work to fix it.
SECTION 26 – TRAINING
(a) The digital product or service may include basic training so clients can get familiar with the product and possible uses. Training sessions can vary in length, content and outcomes and will be conducted through one of EndeavorWebs’s contact methods or by written material produced or shared with you. Methods such as Skype, live shared screen methods, on-site chat or telegram may be used for training.
(b) If additional training sessions are required for you or other members of staff from your organization, additional costs may be applied, any additional costs will need to be paid prior the extra training commencement.
SECTION 27 – SOCIAL MEDIA MANAGEMENT (SMM) AND MARKETING CAMPAIGNS
(a) Our Social Media Management services may include:
- Social media review, analysis and strategy development;
- Social media campaigns, blogs, content creation, client engagement and/or profile management for Facebook, Twitter, LinkedIn or other social media platforms;
- Social media analytics;
- Social media policy.
(b) You will provide the access to your social medial accounts or permission for us to set up accounts on your behalf.
(c) If EndeavorWebs is not engaged to perform response management, EndeavorWebs will not be held responsible for repercussions of any negative feedback provided on social media by third parties.
(d) Search Engine Optimization (SEO)
(e) Our Search Engine Optimization services may include:
- On page optimization;
- Content generation;
- Link building.
(f) EndeavorWebs requires full access to your website to be able to perform SEO duties.
(g) You acknowledge that Google and other search engines algorithms are constantly changing and evolving and that EndeavorWebs has no control over these changes.
SECTION 28 – Online Advertising
(a) Our Online Advertising services may include:
- Search Engine Marketing (SEM);
- Social Media Marketing (SMM);
- Pay-Per-Click (PPC).
(b) Unless otherwise agreed, EndeavorWebs will utilize our professional account/s to engage the appropriate third party providers e.g. Facebook, Google, Bing.
(c) The agreed monthly online advertising costs (also referred to as media buying) will be invoiced and automatically paid by direct debit at the beginning of the each month.
SECTION 29 – WORK DONE
(a) ‘Work done’ is considered when one of EndeavorWebs team members performs any form of work in a digital product or service, and it is discretionary of EndeavorWebs due to various factors involved.
SECTION 30 – REFUNDS
(a) EndeavorWebs does not offer refunds for any digital product or service created or performed for you, delivered and approved by you.
(b) We may offer a full or partial refund for a digital product or service ordered online on our website that you decide to cancel within the first 24hs and before it being delivered. However, the refund can be fully or partially offered depending on whether or not there was ‘work done’ and performed by EndeavorWebs’s team during the first 24hs of the ‘order initiated’ process.
(c) On individual cases basis, exceptions can be considered in special circumstances, and they are entirely discretionary to us, and explicitly approved by our directors or account managers.
SECTION 31 – INDEMNIFICATION
(a) You agree to indemnify, defend and hold EndeavorWebs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 32 – SEVERABILITY
(a) In the event that any provision of these Terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 33 – TERMINATION
(b) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
(c) These Terms and conditions are effective unless and until terminated by either you or us. You may terminate these Terms and conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
(d) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 34 – ENTIRE AGREEMENT
(a) The failure of us to exercise or enforce any right or provision of these Terms and conditions shall not constitute a waiver of such right or provision.
(b) These Terms and conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and conditions).
(c) Any ambiguities in the interpretation of these Terms and conditions shall not be construed against the drafting party.
SECTION 35 – GOVERNING LAW
(a) These Terms and conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Laws of the United Kingdom and the common English Laws.
SECTION 36 – CHANGES TO TERMS AND CONDITIONS
(b) You can review the most current version of the Terms and conditions at any time on this current page.
(c) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and conditions constitutes acceptance of those changes.
SECTION 37 – CONTACT INFORMATION AND CUSTOMER SERVICE
(a) Questions about the Terms and conditions should be sent to us at firstname.lastname@example.org.
(b) Customer service can be reached by email (email@example.com).
(c) Company legal address and phone number, address not to be used as a mail address and phone number not to be used as a customer service line:
20-22 Wenlock Road
(d) In case of any legal mail that has to be sent to us, or any legal matter that may require our directors or legal team to be involved, an updated address or contact information for our legal team and directors has to be requested formally by the following email: firstname.lastname@example.org.