Terms of Service
TERMS AND CONDITIONS FOR THE PROVISION OF WEB DESIGN AND DIGITAL MARKETING SERVICES BY MABEXY
1. DEFINITIONS AND INTERPRETATION
1.1. The following definitions apply to these terms and conditions:
- “Business Day”: Any day (excluding Saturdays, Sundays, and public holidays) when banks are open in MABEXY’s location.
- Explanation: This clarifies when deadlines and timeframes apply.
- “Contract”: The agreement between MABEXY and the Client for the provision of Services, governed by these Terms and the Order.
- Explanation: This defines the legal bond between the parties.
- “Client”: The person or entity that engages MABEXY’s Services.
- Explanation: This identifies the customer.
- “Force Majeure Event”: An event beyond the reasonable control of either party.
- Explanation: This covers unforeseen circumstances like natural disasters or civil unrest.
- “MABEXY”: The entity providing web design and digital marketing Services.
- Explanation: This clearly define the service provider.
- “Intellectual Property Rights”: All intellectual property rights, registered or unregistered.
- Explanation: This protects creative works and innovations.
- “Order”: The Client’s request for Services, based on the Quotation.
- Explanation: This is the official request for service.
- “Quotation”: MABEXY’s written proposal for the provision of Services.
- Explanation: This is the offer of service, and pricing.
- “Services”: The web design and digital marketing services provided by MABEXY.
- Explanation: This defines what MABEXY is providing.
- “Specification”: The detailed description of the Services in the Order.
- Explanation: This is a detailed description of the work that is to be performed.
- “Terms”: These terms and conditions.
- Explanation: This refers to the document itself.
- “VAT”: The applicable value-added tax.
- Explanation: This is the tax that will be added to the price.
- “White Label Work”: Services that the client rebrands as their own.
- Explanation: This is when MABEXY’s work is represented as the clients own work.
1.2. Interpretation:
- Singular words include the plural and vice versa.
- References to one gender include all genders.
- Headings are for convenience only.
- References to laws include their amendments.
- Explanation: These points clarify how the language of the document should be interpreted.
2. TERMS AND CONDITIONS
2.1. These Terms apply to all agreements between MABEXY and the Client. * Explanation: This point reinforces that these terms are the only terms that are valid. 2.2. Modifications to these Terms must be in writing and agreed upon by both parties. * Explanation: This protects both parties from unagreed verbal changes.
3. THE CONTRACT
3.1. The Client’s Order constitutes an offer to acquire the Services. * Explanation: This is when the client makes an offer to receive the service. 3.2. The Contract comes into effect when MABEXY accepts the Order or begins providing the Services. * Explanation: This point states when the contract is valid. 3.3. The Contract represents the entire agreement between the parties. * Explanation: Nothing outside of this document is considered part of the agreement. 3.4. Quotations are valid for 14 business days. * Explanation: This puts a time limit on the validity of the price quote. 3.5. In white-label work, MABEXY has no contractual relationship with the end client. * Explanation: This clarifies that MABEXY only has a contract with the client that hired them, and not the end user of the service.
4. OBLIGATIONS AND WARRANTIES OF MABEXY
4.1. MABEXY warrants that it will provide the Services with reasonable care and skill. * Explanation: This is a guarantee of a professional level of service. 4.2. MABEXY will make reasonable efforts to meet delivery dates. * Explanation: MABEXY will attempt to meet deadlines, but unforeseen events may cause delays. 4.3. MABEXY may make changes to the Services to comply with the law. * Explanation: This allows MABEXY to make changes when needed to comply with legal requirements. 4.4. MABEXY may subcontract the provision of the Services. * Explanation: This allows MABEXY to hire outside help when needed.
5. OBLIGATIONS AND INDEMNITIES OF THE CLIENT
5.1. The Client will provide timely information and assistance. * Explanation: MABEXY requires the clients help to provide the service. 5.2. The Client must review and approve materials provided by MABEXY. * Explanation: This is to make sure that the client is happy with the work that is being performed. 5.3. The Client will inform MABEXY of relevant technical changes. * Explanation: This is to make sure that MABEXY is aware of any changes that could effect the service they are providing. 5.4. If the Client fails to fulfill their obligations, MABEXY may invoice for the Services. * Explanation: The client is still responsible for payment, even if they hinder the completion of the work. 5.5. The Client will indemnify MABEXY for third-party claims. * Explanation: The client is responsible for any legal issues that arise from third parties, due to the clients actions. 5.6. The Client will comply with all applicable laws. * Explanation: The client must follow all local, state, and federal laws. 5.7. The Client will notify MABEXY of any modifications to their website. * Explanation: Changes to the clients website can effect the service MABEXY is providing. 5.8. The Client understands the importance of regular and unique content for SEO. * Explanation: This is to make sure the client understands that they play a roll in the success of SEO. 5.9. In white-label work, the client will indemnify MABEXY. * Explanation: The client accepts legal responsibility for the work they are representing as their own.
6. PRICES
6.1. Prices are in the agreed currency, excluding taxes. * Explanation: The price quoted does not include taxes. 6.2. Prices do not include third-party intellectual property licenses. * Explanation: The client is responsible for purchasing Licenses for things like stock photos. 6.3. Prices are estimates and may change if requirements change. * Explanation: If the work required changes, the price can also change. 6.4. MABEXY reserves the right to correct errors in estimates. * Explanation: This protects MABEXY from being held to pricing errors.
7. PAYMENT
7.1. MABEXY will invoice monthly, in advance, or after delivery. * Explanation: This clarifies the billing schedule. 7.2. The Client will pay invoices within 30 days. * Explanation: This is the timeframe that the client has to pay the bill. 7.3. Payments must be made without deductions. * Explanation: The client must pay the full invoiced amount. 7.4. Interest and charges will apply to late payments. * Explanation: There are penalties for late payments. 7.5. Late payment may result in termination of the Contract. * Explanation: MABEXY can end the contract if the client does not pay. 7.6. MABEXY may charge for additional work due to the Client’s lack of assistance. * Explanation: If the client causes extra work, they will be billed for it. 7.7. MABEXY may charge additional fees for urgent work. * Explanation: Rush orders cost extra.
8. DELAYS AND CLAIMS
8.1. MABEXY will rectify or redeliver non-conforming Services. * Explanation: If the work is not correct, MABEXY will fix it. 8.2. Claims must be made promptly. * Explanation: The client cannot wait an extended amount of time to make a claim about the work. 8.3. MABEXY is not responsible for Third-Party Services. * Explanation: MABEXY is not responsible for the work of other companies. 8.4. MABEXY’s liability is limited to the reasonable selection of Third-Party Service providers. * Explanation: MABEXY is only responsible for