For purposes of these Terms and Conditions, “Content” is defined as all information such as “look and feel” of the Website, data files, graphics, text, photographs, logos, images, video and audio files on the Website and contained within our Products and Services.
By accessing and using the Website and our Products and Services, you represent that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions or any changes we subsequently make to these Terms and Conditions, you must IMMEDIATELY stop accessing the Website and discontinue using White Whale Web Designs Products and Services. These Terms and Conditions apply to all visitors, subscribers, vendors and all others that access the website and use our Products and Services.
We reserve the right, at any time, in our sole discretion to modify or update these Terms and Conditions for any reason, with or without prior notice to you. Any such changes to these Terms and Conditions will supersede and replace any previous Terms and Conditions effective immediately. It is your responsibility to review these Terms and Conditions periodically for any changes. Your continued use of the Website and Product and Services after the posting of these changes will constitute your acceptance of such changes. You should discontinue use of the Website and use of our Products and Services if you do not agree with any changes to these Terms and Conditions.
The Children's Online Privacy Protection Act ("COPPA") specifically protects the privacy of children under the age of 13 by requesting parental consent for the collection or use of any personal information of the users.
You may only use the Website and use our Products and Services if you are 18 years of age or older. To subscribe to the White Whale Web Design Content, shop, create and account or receive any form of marketing or promotional Content from White Whale Web Design, you must be 18 years or older. If you are under that age of 18 or not of legal age to form a binding contact in your place of residence, you must have your parent or legal guardian's permission to use the Website, Products or Services.
All material contained in the Website, including any content submitted by you to White Whale Web Design is protected by law, including but not limited to, United States Trademark and Copyright Law, as well as state, national and international laws and regulations.
The Website and its functionality and Content are exclusive property of White Whale Web Design, our licensors or other content providers and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used in any way without prior written consent. No right, title or interest in or to the Website or any Content is transferred to you and all rights not expressly granted in written form are reserved.
White Whale Web Design reserves the right to temporarily or permanently withdraw any Content from the Website at any time and for any reason without notice. As an express condition to your use and access to the Website, you acknowledge, agree and confirm that White Whale Web Design is not liable to you or any third-party for any such withdrawal.
White Whale Web Design Content is selected or curated by the writers and editors of White Whale Web Design. We do accept advertising, where we specifically indicate as such. From time to time we will curate and provide sponsored content on behalf of our White Whale Web Design customer or approved White Whale Web Design advertisers, this Content will be indicated with a “Sponsored” attribute and be clearly marked. To the extent that we publish third-party Content, it reflects the personal opinions and views of the third-party and not necessarily the opinions and views of White Whale Web Design.
If you do not wish to receive Sponsored Content through email, you should unsubscribe by clicking the “Unsubscribe” link at the bottom of the email or by sending an email to email@example.com with “Unsubscribe” notated in the subject line. If you unsubscribe you will not receive any Content, whether it by White Whale Web Design Content or Sponsored Content.
White Whale Web Design will provide a set of online services including website design, copy and editorial development, search engine optimization and digital marketing as described in the contract for each specific service.
White Whale Web Design is not responsible for work that is beyond the scope of services set forth in the contract in effect at the time the Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties in writing and additional charges may apply.
White Whale Web Design will provide certain tools, methods and resources to you, the Client that are intended to help the Client grow and build its business. However, the Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, the Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to the Client’s business, including without limitation, data held by the Client and its Clients, information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. White Whale Web Design may participate in implementing needed systems services and functions, but Client is solely responsible for the final outcomes, actions taken and results produced.
All content produced by White Whale Web Design within the scope of Services including software and web code, contents, graphics and design, or material developed or licensed by White Whale Web Design for the Client as part of the Services is wholly owned by the Client upon completion of all services in this contract. After completion and payment in full for services, all web design, images and code can be used indefinitely by Client for their company website, newsletter and other marketing collateral. In the event White Whale Web Design ceases business operations and providing the services described in this agreement all White Whale Web Design copyrighted content can be used indefinitely by Client for their company website, newsletter and other marketing collateral.
White Whale Web Design is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such provider or for any personal injuries or death, property damage or other damage or expenses resulting directly or indirectly, from such products or services.
In no event shall White Whale Web Design, its employees, directors or officers be liable for direct, indirect, consequential, or any damages whatsoever, including, but not limited to loss of use, data or profits, arising out of or in anyway connected with the use or performance of the Website, the delay or inability to use the Website, the provision of or failure to provide services and/or functionality of the Website, or for any Content, products or services provided through the Website, or otherwise arising out of the use of the Website whether based on contract, negligence or otherwise. In states and jurisdictions in which limitations on liability are prohibited, such limitations shall apply to the fullest extent allowed.
Under no circumstances will White Whale Web Design, its employees, director or officers be responsible for any damage, loss, injury or loss of profits resulting from the Website, Products or Services. White Whale Web Design makes no representation that the Website is appropriate or available for use at locations outside of the United States. Access of the Website from territories where such products and services are illegal is prohibited. If you access the Website from locations outside of the United States, you are solely responsible for compliance with all local and applicable laws.
The Website may contain links to other websites including, but not limited to, content posted by us, links used as references in articles and advertising posted by us or third-party platforms, for the purposes of these Terms and Conditions we call them “Linked Destinations”. Such links are not owned, operated or controlled by White Whale Web DEsign, and if you visit Linked Destinations, you do so at your own risk and are subject to the Terms and Conditions and privacy policies of the Linked Destinations. Any terms, conditions, warranties or representations included in the Linked Destinations are solely between you and the providers on the Linked Destinations. As a condition of these Terms and Conditions, you agree that White Whale Web Design is not liable for any damage or loss you may suffer as a result of any interactions with any Linked Destinations or any claims you have against such Linked Destinations.
Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. Termination of this Agreement requires written or email notice delivered before website development begins. A failure to make payment for services during any period gives White Whale Web Design the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by White Whale Web Design to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to White Whale Web Design’s Clients shall automatically terminate.
You agree to defend, indemnify and hold harmless, White Whale Web Design and its employees, officers and directors, from and against any demands, losses, cost or debt, liabilities, claims or expenses (including attorneys’ fees) made against White Whale Web Design by any third-party do to or arising out of your use of or access to the Website, Products and Services; your violation of any term of these Terms and Conditions; your violation of any third-party rights, including, but without limitation, any right to privacy or intellectual property rights; your violation of any third-party rights, including, but without limitation, any right to privacy or intellectual property rights; your violation of any applicable local, state, federal or international law or regulation.
Client is required to pay in full for services or in accordance to the payment plan outlined in this contract by White Whale Web Design. Payment will be made by credit or debit card via our Quickbooks payment processing system. Invoices for additional work will include monthly website management (“White Whale Website Care”) or SEO service fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and upon completion of Services all payment is due by the last day of the month in which the Services were completed as described in our Term/Termination section above. A 5 day grace period shall be awarded to Client if Client fails to pay by the last day of the month is which the Services were completed. If Client fails to pay in awarded time, Client will be required to pay a 10% late fee in addition to the full payment of services.
White Whale Web Design shall provide its services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in White Whale Web Design’s industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and White Whale Web Design disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. White Whale Web Design does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall White Whale Web Design be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. White Whale Web Design shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
Client expressly permits White Whale Web Design to create a Google Ads™, Google Business, Google Search Console and Google Analytics account on their behalf. Client acknowledges that Google AdWords™, Google Business, Google Search Console and Google Analytics are subject to Google’s Terms and Conditions. Client’s account will be deemed active once Google™ approves it for online advertising and use. White Whale Web Design is not liable if Client’s account is rejected. White Whale Web Design acknowledges that Client owns the Google AdWords™, Google Business, Google Search Console and Google Analytics Account developed by White Whale Web Design. Upon expiration of the term of this agreement Client may retain the account and all its configuration. For Google AdWords™, Facebook and Instagram Campaigns, White Whale Web Design will send a draft to Client once work is complete. Client agrees to review and approve said draft within seven (7) business days. White Whale Web Design is not liable for errors or omissions once the ads are deployed.
If any provision of these Terms and Conditions is found to be unenforceable, invalid or illegal by a court or other tribunal of contempt jurisdiction for any reason does not deem these Terms and Conditions enforceable as a whole. In such case, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms and Conditions will continue in effect.
You and White Whale Web Design will attempt to resolve any dispute through informal negotiation within 60 days from the date that notice of dispute was sent. If together we are unable to resolve the dispute within 60 days by informal negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court. You agree to understand that the arbitrator’s decision will be binding and may be entered as a judgement of any court of competent jurisdiction.
The American Arbitration Association (“AAA”) will conduct the arbitration, and under its rules including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location in the United States.
You agree to arbitrate with White Whale Web Design only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding.
These Terms and Conditions and any dispute between you and White Whale Web Design shall be governed by and construed in accordance with the laws of the State of South Carolina in the Country of The United States of America and you submit to the non-exclusive jurisdiction of the state and federal courts of South Carolina for the resolution of any disputes.