By using the White Whale Web Design services, you agree to be bound by the following terms and conditions. White Whale Web Design reserves the right to change the Terms and Conditions at any time without notice, and your continued use of White Whale Web Design constitutes your consent to such changes.
1. DESCRIPTION OF SERVICES. 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.
2. LIMITATIONS OF SCOPE. White Whale Web Design will not be responsible for work that is beyond the scope of services set forth in the contract in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties in writing.
3. MANAGEMENT RESPONSIBILITY. White Whale Web Design will provide certain tools, methods and resources to Client that are intended to help Client grow and build its business. However, Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by 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.
4. COPYRIGHT. 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 Client as part of the Services is wholly owned by 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. This use will be restricted to the Client company use only and Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.
5. LINK. Customer hereby acknowledges and agrees that White Whale Web Design shall have the right to use the name of Client, including the Client Web Site, Web Site Content, Images, Google Analytics Data and Google AdWords Data, for reference as a customer of White Whale Web Design services for case studies, referral and marketing purposes.
6. TERM/TERMINATION. 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.
7. PAYMENT FOR SERVICES. 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, debit card, check or cash transactions. Invoices for additional work will include monthly website maintenance or SEO maintenance 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 and payment all payment is due by the last day of the month in which the Services were completed as described in Section 6 above.
8. WARRANTY. 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 the Company 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. The Company 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.
9. LIMITATIONS OF LIABILITY. Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of White Whale Web Design, White Whale Web Design’s liability to pay damages for any losses incurred by client as a result of breach of contract, negligence or other tort committed by White Whale Web Design, regardless of the theory of liability asserted, is limited to no more one-third of the total Services payment for the current month of work under this agreement. In any case, White Whale Web Design and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, White Whale Web Design shall have no liability to client arising from or relating to any third-party hardware, software, information or materials. White Whale Web Design is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though White Whale Web Design will attempt to prevent or minimize exposure to such risks.
10. INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against White Whale Web Design and its licensors arising from products or services related to this Agreement. Conversely, White Whale Web Design shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of White Whale Web Design.
11. USE OF GOOGLE SERVICES. Client expressly permits White Whale Web Design to create a Google AdWords™, 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.
12. GOVERNING LAW. You agree that these Terms and Conditions shall be treated as though they were executed and performed in the United States of America and shall be governed by and construed in accordance with the laws of the United States of America. All legal proceedings arising out of or in connection with these Terms and Conditions or any other agreement related to the use of White Whale Web Design services shall be brought solely in the United States of America.
At White Whale Web Design, we take you privacy seriously and only use the information you provide us to complete an online request for information or fulfill your order. We do not share your information with third parties without your written consent and in no circumstances, do we sell your information to anyone. The types of personal information we collect on our website includes: First Name, Last Name, Company/Organization Name, Email Address, Phone Number, Website Data, Google Analytics Data, Google Business Data, Google Search Console Data, and any Login Information you provide us to access your Google accounts and/or website portals.
HOW YOUR INFORMATION IS USED
We use the information you provide us to complete that request for information. We use your Email Address and Phone Number to contact you for consultation and service related purposes. We also use your Email Address for sending monthly Service Reports, and to conveniently send you White Whale Web Design Blogs and News through the White Whale Community. You address is not shared with outside parties without your expressed written consent.
While browsing through whitewhalewebdesign.com, we use advertising cookies to better understand what you are interested in. We also use these cookies to determine what information on our website you are interested in through the use of Google Analytics. The techniques we use do not collect personal information and no data that we collect is sold to third parties.