Terms and Conditions

Updated as of May 22, 2024
previous update: May 17, 2024

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web Design & Development and other Internet/Physical-based and Marketing-related services provided by NetizenWorks Web Design Services (the "Services"). As used in this Agreement, "NetizenWorks" means NetizenWorks Web Design Services, and "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the NetizenWorks site. As referred to in this Agreement, "Site" refers to a World Wide Web site, and "NetizenWorks Site" refers to the Site located at the URL https://netizenworks.com or any other successor Sites owned or maintained by NetizenWorks, including https://netizenworks.com/terms-and-conditions.

Table of Clauses with Summary

Click the Title clauses to scroll down to the full clause

  1. Acceptance - By accepting a quote or making a payment, you agree to our terms and conditions without needing a physical signature.
  2. Changes of Terms and Conditions -  We may update our Terms at any time, with a 30-day notice for significant changes, and continued use after changes means you accept them.
  3. Initial Charges - Service charges are detailed in our quotes or invoices, valid for 15 days, with initial payments required for project commencement.
  4. Refunds - Web Design & Development: Payments for web design and development are non-refundable, with full payment retained for canceled, delayed, or postponed projects.
  5. Refunds - Website Maintenance: Website maintenance hours are non-rollable and non-refundable, with annual plans paid upfront and non-refundable.
  6. Refunds - Web Hosting: All web hosting payments are non-refundable, with ongoing billing until a written cancellation notice is received.
  7. Website Visitors: We do not guarantee specific SEO performance, visitor numbers, or inquiry rates from the website.
  8. Client Project Review: Clients have a 10-day review period upon project completion for any changes, after which the project is considered accepted.
  9. Turnaround Time and Content Control: Project timelines are agreed upon initial payment, requiring client cooperation for content provision to meet deadlines.
  10. Failure to provide required website content: Delays in providing content may incur surcharges and affect project timelines.
  11. Payments: Invoices are sent via email, payable through PayPal or bank transfer. Proof of payment is required. A ₱2000 check pickup fee applies to check payments but is waived for initial one-time payments. Annual billing is encouraged to avoid the fee and receive a discount.
  12. Additional Expenses: Clients are responsible for additional expenses necessary for project completion as instructed.
  13. Web Browsers: We design for popular browsers but cannot guarantee functionality in new or updated versions post-delivery.
  14. Default: Accounts unpaid 25 days post-invoice are considered in default, risking service suspension and data loss.
  15. Retention: We require a minimum 12-month hosting and maintenance exclusivity for SEO efficiency.
  16. Termination: Services can be terminated post the minimum hosting period, with all work billed to the termination date.
  17. Indemnity: Clients indemnify NetizenWorks against any legal claims from their use of our services.
  18. Copyright: Clients retain copyright to their provided materials but grant us rights for website use.
  19. Standard Media Delivery: Client materials should be provided in specified electronic formats for design integration.
  20. Design Credit: NetizenWorks retains design credit with a link on the client's site and the right to feature the project in our portfolio.
  21. Reviews & Testimonials: Client feedback may be requested and used for promotional purposes; NetizenWorks reserves the right to post reviews on the Client's Google account and other platforms where feedback is provided.
  22. Promotional Materials: Client materials may be used by NetizenWorks for promotional purposes with client consent.
  23. Access Requirements: For third-party server installations, NetizenWorks requires temporary access for setup.
  24. Post-Placement Alterations: We are not responsible for any third-party alterations to the site post-installation.
  25. Price Increase: We reserve the right to increase service prices at each renewal period with 30 days' notice.
  26. General: These Terms supersede previous agreements, with payment signifying acceptance.
  27. Liability: Our liability is limited to charges paid for services, excluding losses caused by third-party software or errors.
  28. Severability: Invalid terms will be replaced, maintaining the agreement's validity, with the right to refuse service for breaches.

SEO Terms & Conditions: Links to SEO Terms & Conditions

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote and/or makes a payment for our services then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our updated terms and conditions at the time of the transaction.

2. Changes of Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, the Client agrees to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

3. Initial Charges

Charges for services to be provided by NetizenWorks are defined in the project quotation or invoices that the Client receives via e-mail or any other communication methods. Quotations/Invoices are valid for a period of 15 days. NetizenWorks reserves the right to alter or decline to provide a quotation after the expiry of the 15 days.

Unless agreed otherwise with the Client, all services require an initial payment as noted on the quotation (depending on which option is selected) before the work is supplied to the Client for review. Payment for services is due by bank transfer or PayPal. Payment details and other payment options will be made available on invoices and quotations or through emails.

4. Refunds - Web Design & Development:

Web design and development projects require extensive resources, consume our time, and incur internal expenses. Therefore once a payment or deposit is made, it is non-refundable. Payments for custom design projects (i.e. custom logo designs and branding projects, full website designs, individual page mockups, and smaller design components within a website, etc.) and custom development projects (i.e. WordPress CMS custom development, WordPress Plugin custom development, etc.) are made to us in increments as a courtesy to the client as well as discounted for those who agree to pay in full, but if a project gets canceled, delayed or postponed by the client, then all payments made will be retained by NetizenWorks and if applicable, an additional cost will be charged to the client for all work completed beyond what was already paid for shall be paid by the client. All projects that are completed as defined as the scope of the work are non-refundable.

5. Refunds - Website Maintenance:

When adding new text and/or content to a page the client is responsible for providing all text (in digital format) and images/photos. Unused hours do not roll over to subsequent months. No refunds are provided for unused hours. There are absolutely no refunds for any fees related to website maintenance services. Our annual support plans are dependent on the scope and size of a website and are quoted on an annual basis. Especially for websites that we did not initially build, website maintenance and upkeep require extensive upfront resources and time to learn the setup, framework, and specifics of a new client's website, thus we require annual maintenance to be paid in the full yearly fee unless determined otherwise.

6. Refunds - Web Hosting:

All hosting payments and subscriptions whether present or past months are non-refundable. Web hosting accounts are set up from the date of your order and are allotted a limited amount of server resources depending on the plan you purchased. If the client opens a hosting account but does not use it, payment will still be due. Hosting billing cycles continue until a cancellation notice is received in writing from the client in writing. Unless otherwise provided, you agree that until and unless you notify NetizenWorks Web Design of your desire to cancel the web hosting services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information with us.

Any invoice or quotation that is outstanding for more than fourteen (14) days may result in the suspension or termination of web hosting services. Access to the account will not be restored until payment has been received. Suppose, you fail to pay the fees as specified herein, NetizenWorks Web Design may suspend or terminate your account and pursue the collection costs incurred by NetizenWorks Web Design, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. NetizenWorks Web Design will not activate new orders or activate new packages for customers who have an outstanding balance on their accounts.

NetizenWorks Web Design is not responsible for transferring websites to and from NetizenWorks's Web Design's web servers and reserves the right to charge for any web hosting transfer requests.

7. Website Visitors

NetizenWorks does not guarantee the SEO performance of websites in terms of the Website's visits, impressions, and clicks on search engines and from and NetizenWorks does not guarantee generic and organic visits and impressions from other traffic sources.
NetizenWorks does not guarantee any inquiries to be received from the website. The receipt of inquiries is dependent on the website's visitors.
Advertising using social media and Google Ads to generate traffic is encouraged.

8. Client Project Review

NetizenWorks will provide the Client with an opportunity to review the appearance and content of the website or work during the design phase to help aim it in the correct direction. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies NetizenWorks otherwise within ten (10) days of the date the work or project is made available to the Client.

9. Turnaround Time and Content Control

NetizenWorks will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon NetizenWorks receiving initial payment, unless a delay is specifically requested by the Client and agreed by NetizenWorks, or requested by NetizenWorks and agreed by the Client. In return, the Client agrees to delegate a single individual as a primary contact to aid NetizenWorks with progressing the project development in a satisfactory and expedient manner. During the project, NetizenWorks will require the Client to provide the necessary website content; text, images, movies, and sound files. Client agrees to submit all required revisions and have the website published 30 days after NetizenWorks' submission of the first draft to avoid Client’s neglect of website development.

10. Failure to provide required website content:

NetizenWorks is committed to delivering web design projects on time and maintaining efficient workflows. To achieve this, we carefully schedule our work and, on occasion, may decline other offers or inquiries to ensure your project is completed as arranged. This underscores the importance of receiving all necessary information from you in advance.

In the event that progress on your website is hindered due to the unavailability of the required information within the agreed timeframe, it impacts not only the specific project but also our overall scheduling and efficiency.

Surcharges for Delays:

  • Initial Content Delay: If the initial required content is not provided within two weeks of project commencement, a surcharge of 15% per week will be applied to the project's total cost until the required information is received.
  • Response and Revision Delays: Following the submission of any drafts (first draft, second draft, etc.), a lack of responsiveness or progress in providing feedback or required modifications will incur a surcharge of 25% per week. This surcharge is activated by delays post any draft submission and accrues weekly until we receive the necessary feedback or revisions.

Project Closure: In cases where the absence of requested information or responses to drafts significantly obstructs project progress, we reserve the right to close the project. Consequently, the remaining balance becomes payable immediately.

Content Submission Guidelines: Please submit all text content in a Microsoft Word document, email, or similar format, with the document's pages reflecting the content of the relevant pages on your website.

Acceptance of Terms: By engaging NetizenWorks for your web design project, you acknowledge and agree to these terms, including the surcharge policy. Our aim is to ensure that project milestones are met efficiently through collaborative effort, and we value your cooperation and understanding in this regard.

11. Payments

Invoices will be provided by NetizenWorks for payment, typically sent via email and payable through PayPal or bank transfer. Invoices are due upon receipt unless a grace period is specified. The Client must send proof of payment, such as a screenshot of an online banking transaction or a photo/scan of deposit slips. Payments without proof will not be recognized, and the Client’s account with NetizenWorks will be considered unpaid.

For check transactions, a strict check pickup fee of ₱2000 per transaction will be applied due to the high cost of this service. This fee is waived for initial one-time payments for website development and may be waived by NetizenWorks for other purposes. Clients are encouraged to opt for annual billing to receive a discounted rate and avoid the check pickup fee. NetizenWorks will send official receipts via courier for bank transfers or check deposits.

12. Additional Expenses

Client agrees to reimburse NetizenWorks for any additional expenses necessary for the completion of the work as the Client instructs. Examples would be the purchase of special fonts, stock photography, etc.

13. Web Browsers

NetizenWorks makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that NetizenWorks cannot guarantee correct functionality with all browser software across different operating systems.

NetizenWorks cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, NetizenWorks reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

14. Default

Accounts unpaid twenty-five (25) days after the date of invoice will be considered in default. For subscriptions, NetizenWorks charges a month in advance for services rendered. The following actions will be taken in the event of default:

  1. Data Removal - If the Client in default maintains any information or files on NetizenWorks's Webspace, NetizenWorks will, at its discretion, remove all such material from its web space. Although we will keep archives and records of client data for 6 months, NetizenWorks is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.
  2. Notice and Deactivation - NetizenWorks retains the right to display a notice of website deactivation on the website, including the reasons for the deactivation, particularly in cases of extended non-payment. We may also disable contact forms and hide contact details if the account has been in default for more than 30 days. The Client agrees to settle all outstanding balances and pay a reactivation fee of ₱2,600 to reactivate the website.
  3. Transparency - As a last resort, if the account is in default for 2 months and the Client remains non-responsive, we may display on the deactivated website that the account has outstanding invoices to encourage prompt settlement.
  4. Reactivation Fee Waiver - If the client is currently on a month-to-month billing, the reactivation fee of ₱2,600 may be offered by NetizenWorks to be waived if the Client switches to annual billing, paying for a year's worth of subscription.

NetizenWorks needs timely payments to ensure our smooth business operations. We encourage you to settle your balances as soon as possible to avoid the reactivation fee and ensure continuous service without interruptions.

15. Retention

The Client fully understands and agrees that NetizenWorks will be the exclusive host and maintenance manager of the website that NetizenWorks is commissioned to be designed and developed by the Client for a minimum of 12 months. Our SEO (the "Search Engine Optimization") process requires the website to be hosted on our server for 6 months to help achieve the desired SEO performance.

16. Termination

After the minimum 12-month period of the required website hosting exclusivity, termination of services by the Client may be requested through our termination form and will be effective on receipt of such notice. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days. Upon Termination, NetizenWorks excludes itself, its Employees and/or agents, or 3rd-party associates from all and any liability from: Loss or damage caused by technical errors due to plugins and systems not updated, since they are no longer covered by the subscription whereas NetizenWorks no longer has access and responsibility with the website turned over to the Client. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, indemnity and limitations of liability. Upon termination, the Client agrees that NetizenWorks is no longer under obligation for support or development to the Client in relation to past rendered services. Upon termination, the client understands that NetizenWorks is not liable or responsible for ensuring that the developed website would work on other 3rd-party platforms, servers, or hosting companies. NetizenWorks offers services to assist or attempt to make the website function or operate on a non-NetizenWork-operated platform or server at MetizenWorks' discretion or for a fee to be billed to the client.

17. Indemnity

All NetizenWorks services may be used for lawful purposes only. You agree to indemnify and hold NetizenWorks harmless from any claims resulting from your use of our service that damages you or any other party.

19. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via email, DropBox, our forms, or via e-mail or FTP) and that all photographs and other graphics will be provided in high-quality print suitable for quality display or electronically in .gif, .jpeg, .png or .tiff format.

20. Design Credit

The Client agrees that the website design and development are credited to NetizenWorks regardless if the design was made or contributed by the Client or a third party. NetizenWorks may showcase the work performed for the Client on various platforms, including but not limited to:

  1. Client's Website: A credit link, which may include a small graphic or text, will appear at the bottom of the Client’s website. This link will direct to a URL chosen by NetizenWorks, which may include our website: https://netizenworks.com. If a graphic is used, it will be designed to fit with the overall site design.
  2. Portfolio Page: The Client agrees that the website design and development project may be featured on the NetizenWorks portfolio page. This will include a description of the work performed and the results achieved.
  3. Social Media: NetizenWorks may showcase the work and results on its social media profiles, including Facebook, LinkedIn, Instagram, Twitter, and others, providing exposure to the successful partnership.
  4. Case Studies and Blog Posts: Detailed case studies and blog posts may be published on the NetizenWorks website and other online platforms, illustrating the process, strategies employed, and outcomes of the web design services provided.
  5. Marketing Materials: NetizenWorks may include the Client’s project in its marketing materials, including brochures, presentations, and other promotional content.
  6. Hidden Web Page: A hidden web page may be included in the Client’s website that credits NetizenWorks and explains the work commissioned by the Client.
  7. Unused Website Projects: In cases where the Client decides not to use or publish the website, NetizenWorks reserves the right to showcase the website in a domain we may acquire or a subdomain we currently own, for portfolio purposes. This is in the interest of NetizenWorks design credit and to showcase our work to potential clients. We will include a disclaimer on the showcased website stating that it is not the official website and provide redirect links to the true one if it exists. This policy also applies if the Client is no longer using the website we designed for them.

The Client also agrees that these credits may be used for promotional purposes by NetizenWorks. This visibility helps demonstrate the quality and effectiveness of our services, ultimately benefiting both parties.

21. Reviews & Testimonials

NetizenWorks may request feedback from the Client regarding our services. Any provided feedback may be utilized on our website and in promotional materials. Furthermore, if the Client has established a Google account for our use during the web development phase, NetizenWorks retains the right to post a review of our services in the Client's Google account, under the Client's business name, contributing to our Google account business listing. This practice extends to other platforms, including but not limited to Facebook, LinkedIn, etc.

22. Promotional Materials

The Client agrees that NetizenWorks may use the text, full-names, images of people, and graphics materials provided by the Client and records of communication and correspondences, both verbal, written, and online for use as a testimonial or a review, solely for the services provided by NetizenWorks to the client. Such testimonials or reviews may appear, as agreed by the Client, on the NetizenWorks Site, or their social media platforms or any other online publication, or in print and non-print media: including, but not limited to, company profiles, promotional flyers/brochures, billboards, and Television/Radio/Film advertisements.

23. Access Requirements

If the Client's website is to be installed on a third-party server, NetizenWorks must be granted temporary read/write access to the Client's storage directories, which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

In cases where the Client requests administrative access to the website, including the ability to edit plugins or other critical components, NetizenWorks requires the following:

  1. Notarized Legal Document (Quitclaim) - The Client must provide a notarized legal document (quitclaim) that absolves NetizenWorks from any consequences arising from the granting of administrative access. This document must acknowledge that the Client understands the risks associated with granting such access and agrees to hold NetizenWorks harmless for any issues that may arise.
  2. Settlement of Outstanding Balances and Fees - Before providing administrative access or a copy of the website, all outstanding balances, fees, and invoices related to the request must be settled in full.
  3. Limited Access Policy - NetizenWorks reserves the right to provide only limited access to the website, even if administrative access is requested. Limited access may include access to specific areas or functionalities of the website deemed necessary for the Client's needs, while maintaining overall control and security of the website.

Failure to comply with these requirements may result in a delay or denial of the requested access. NetizenWorks prioritizes the security and integrity of the websites we manage and will take all necessary precautions to protect against unauthorized access or misuse.

24. Post-Placement Alterations

NetizenWorks cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.

25. Price Increase

Due to the continuous increase in operational costs, the cost of third-party services availed by NetizenWorks to deliver the services availed by the Client, inflation, and the potential workload increase caused by the Client’s organic growth in website traffic. NetizenWorks reserves the right and shall be entitled to increase the pricing of their packages and Subscription Fees at the start of each Renewal Period and upon 30 days prior notice to the Customer.

26. General

These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client's signature on this document or payment by the Client to NetizenWorks constitutes agreement to and acceptance of these Terms and Conditions.

27. Liability

NetizenWorks hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy, omission, delay or error, whether the result of negligence or other cause in the production of the website;
  • Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
  • Loss or damage caused by 3rd-party software, plugins, or applications.
  • Loss or damage caused by 3rd-party personnel when granted access to the website.
  • Loss or damage caused by changing website access credentials to a weak password.
  • Loss or damage caused by technical flaws out of NetizenWorks’ control including unforeseen system vulnerabilities of 3rd-party servers, software, and plugins.

The entire liability of NetizenWorks 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.

28. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid. NetizenWorks reserves the right to refuse the continuation of subscription service to Client whenever it is deemed fit or when provisions of this Agreement have been breached.

Contact Information

Legal Name of Company: NETIZENWORKS WEB DESIGN SERVICES
Company Registration: DTI BN No. 1902214 | BIR TIN No. 312-278-396
Place of Registration: QUEZON CITY, Metro Manila, Philippines
Physical Address: 17, Fatimaville, Road 15, Project 8, Quezon City.
Contact Form: https://netizenworks.com/contact/