Terms of Service
Last Updated: August 23, 2025
Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “User,” or “you”) and WebNique LLC (“Company,” “we,” “us,” or “our”) regarding your use of our website web-nique.com (the “Site”) and our web development, design, and digital marketing services (the “Services”).
By accessing our website, requesting quotes, or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.
Description of Services
WebNique LLC provides professional web development, design, and digital marketing services, including but not limited to:
Web Development Services
- Custom website design and development
- E-commerce website creation
- Content management system (CMS) implementation
- Website maintenance and updates
- Mobile-responsive design
- Website hosting and domain management
Digital Marketing Services
- Search engine optimization (SEO)
- Social media marketing
- Content marketing and blog writing
- Pay-per-click (PPC) advertising management
- Email marketing campaigns
- Local SEO and Google My Business optimization
Additional Services
- Branding and logo design
- Graphic design services
- Website analytics and reporting
- Consultation and strategy development
- Training and support services
Service Agreement and Project Scope
Project Proposals and Contracts
All services are provided based on written proposals, contracts, or service agreements that specify:
- Project scope and deliverables
- Timeline and milestones
- Pricing and payment terms
- Client responsibilities and requirements
- Revision and approval processes
Changes to Project Scope
Any changes to the agreed-upon project scope must be documented in writing and may result in additional charges and timeline adjustments. We will provide estimates for additional work before proceeding.
Client Responsibilities
Clients are responsible for:
- Providing timely feedback and approvals
- Supplying necessary content, images, and materials
- Providing access to required accounts and systems
- Making timely payments according to agreed terms
- Communicating project requirements clearly
Payment Terms and Pricing
Payment Schedule
- Deposits: Projects typically require a 50% deposit before work begins
- Milestone Payments: Payments may be scheduled at project milestones
- Final Payment: Final payment is due upon project completion and before final delivery
- Recurring Services: Monthly services are billed in advance
Payment Methods
We accept payment via:
- Credit and debit cards
- PayPal and other digital payment methods
- Bank transfers and checks (for larger projects)
Late Payments
- Late payments may incur a 1.5% monthly service charge
- Services may be suspended for accounts more than 30 days overdue
- Collection costs and legal fees may be charged to delinquent accounts
Refund Policy
- Deposits are non-refundable once work has commenced
- Refunds for completed work are at our sole discretion
- Recurring service fees may be prorated for early cancellation
Intellectual Property Rights
Client-Owned Content
Clients retain ownership of:
- Original content provided to us (text, images, logos)
- Trade names, trademarks, and brand materials
- Proprietary business information and data
Work Product Ownership
Upon full payment, clients receive ownership of:
- Custom website design and code (excluding third-party elements)
- Original graphics and content created specifically for the project
- Domain names purchased on the client’s behalf
Company-Retained Rights
We retain ownership of:
- Pre-existing intellectual property and methodologies
- Template designs and reusable code components
- Business processes and trade secrets
- Portfolio rights to display completed work (unless confidentiality is required)
Third-Party Elements
Some projects may include third-party elements such as:
- Stock photography and graphics
- WordPress themes and plugins
- Third-party software and applications
- Fonts and other licensed materials
Clients are responsible for ensuring proper licensing of third-party elements.
Website Hosting and Maintenance
Hosting Services
If we provide hosting services:
- Hosting fees are separate from development costs
- We use reliable third-party hosting providers
- Uptime guarantees are subject to hosting provider terms
- Backups are performed regularly but are not guaranteed
Maintenance Services
- Ongoing maintenance requires a separate service agreement
- Maintenance may include updates, security patches, and minor modifications
- Emergency support may be available for additional fees
- Clients are responsible for content updates unless otherwise agreed
Domain Management
- Domain registration and renewal are the client’s responsibility
- We can assist with domain management for additional fees
- Clients retain full ownership of their domain names
User Conduct and Prohibited Uses
Acceptable Use
Users of our website and services must:
- Provide accurate and truthful information
- Respect intellectual property rights
- Comply with all applicable laws and regulations
- Use services for legitimate business purposes only
Prohibited Activities
You may not:
- Use our services for illegal activities
- Distribute malware, viruses, or harmful code
- Engage in spamming or unsolicited marketing
- Violate any third-party rights
- Attempt to gain unauthorized access to our systems
- Use our services to compete directly with our business
Disclaimers and Limitations of Liability
Service Disclaimers
- Services are provided “as is” without warranties of any kind
- We do not guarantee specific results or performance metrics
- Website performance may be affected by factors beyond our control
- Third-party services and integrations are subject to their own terms
Limitation of Liability
To the maximum extent permitted by law:
- Our total liability shall not exceed the amount paid for services
- We are not liable for indirect, incidental, or consequential damages
- We are not responsible for loss of data, profits, or business opportunities
- Clients are responsible for maintaining adequate insurance coverage
Force Majeure
We are not liable for delays or failures due to circumstances beyond our control, including natural disasters, government actions, internet outages, or third-party service disruptions.
Confidentiality and Non-Disclosure
Client Information Protection
We agree to:
- Maintain confidentiality of proprietary client information
- Use client information only for providing agreed services
- Implement reasonable security measures to protect data
- Not disclose confidential information to unauthorized parties
Public Portfolio Rights
Unless specifically prohibited, we reserve the right to:
- Display completed work in our portfolio
- Use project details in case studies and marketing materials
- Reference clients in our client list (with permission)
Service Level Agreements and Support
Response Times
- Initial project communication: Within 1-2 business days
- Support requests: Within 1-3 business days depending on service level
- Emergency support: Available for additional fees with faster response times
Project Timelines
- Project timelines are estimates and may vary based on project complexity
- Delays may occur due to client feedback cycles or scope changes
- Force majeure events may affect project schedules
Ongoing Support
- Post-launch support terms are defined in service agreements
- Training and documentation may be provided as part of project delivery
- Additional support and maintenance services are available
Termination and Cancellation
Termination by Client
Clients may terminate services:
- With written notice as specified in service agreements
- Subject to payment for work completed
- Forfeiting deposits and non-refundable fees
Termination by Company
We may terminate services for:
- Non-payment or breach of payment terms
- Violation of these Terms of Service
- Illegal or prohibited use of services
- Failure to provide necessary cooperation or materials
Post-Termination
Upon termination:
- Clients receive delivery of completed work upon full payment
- Ongoing services (hosting, maintenance) may be discontinued
- Both parties’ confidentiality obligations continue
- Outstanding invoices remain due and payable
Privacy and Data Protection
Data Collection and Use
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
Data Security
We implement reasonable security measures to protect client data, but cannot guarantee absolute security. Clients are responsible for maintaining the security of their own systems and accounts.
Data Backup and Recovery
While we perform regular backups, clients are ultimately responsible for maintaining their own data backups and recovery procedures.
Dispute Resolution and Governing Law
Governing Law
These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.
Dispute Resolution Process
- Direct Negotiation: Parties agree to first attempt resolution through direct communication
- Mediation: If direct negotiation fails, disputes may be submitted to mediation
- Arbitration: Binding arbitration may be required for certain disputes
- Litigation: Court proceedings are a last resort for unresolved disputes
Limitation of Legal Action
Any legal action related to these Terms must be commenced within one (1) year after the cause of action arises.
Modifications to Terms
Updates and Changes
We reserve the right to modify these Terms at any time. Changes will be effective when:
- Posted on our website with an updated “Last Updated” date
- Communicated to active clients via email
- Incorporated into new service agreements
Continued Use
Your continued use of our website and services after changes are posted constitutes acceptance of the modified Terms.
General Provisions
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior understandings.
Assignment
We may assign our rights and obligations under these Terms without restriction. Clients may not assign their rights without our written consent.
Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
Independent Contractors
The relationship between WebNique and clients is that of independent contractors. No partnership, joint venture, or employment relationship is created.
Contact Information
For questions about these Terms of Service or to report violations, please contact us:
WebNique LLC
Email: contact@web-nique.com
Phone: (443) 994-8595
For general inquiries: contact@web-nique.com
Acknowledgment
By using our website or services, you acknowledge that:
- You have read and understood these Terms of Service
- You agree to be bound by these Terms
- You are authorized to enter into this agreement
- You will comply with all applicable laws and regulations