TERMS AND CONDITIONS
TERMS AND CONDITIONS
Last updated: October 28, 2024
This document outlines the Terms and Conditions (the “Agreement”) between you (the “Client”) and Inspector Website Builder LLC (“Company”). By electronically accepting these Terms and Conditions (via checking a box), you acknowledge that you have read, understood, and agreed to be bound by all the terms and conditions set forth herein.
RECITALS
WHEREAS, Client desires to engage Inspector Website Builder to design a Website inside the Client’s own www.Wix.com account, and as a work made for hire to have the Website housed or hosted on Wix.com Web Servers by Wix.com, and for the Website to be available for browsing on the Internet by the Wix.com company and Wix.com services; and
WHEREAS, Client is interested in hiring Inspector Website Builder to only design a Website inside Client’s own Wix.com account; and
WHEREAS, Inspector Website Builder is interested in undertaking such website design work inside Client’s Wix.com account; and
WHEREAS, Client and Inspector Website Builder mutually desire to set forth the terms applicable to such work;
NOW, THEREFORE, for the mutual consideration set forth herein, the adequacy of which is hereby acknowledged, Client and Inspector Website Builder, intending to be legally bound, hereby agree as follows:
1. INSPECTOR WEBSITE BUILDER RESPONSIBILITIES
A. SCOPE OF WORK
INSPECTOR hereby retains the services of Inspector Website Builder to only design a five-page Website for INSPECTOR based upon one of the Inspector Website Builder’s design templates that INSPECTOR has chosen. The website will include information provided by INSPECTOR using the questionnaire form provided by Inspector Website Builder. INSPECTOR’S website will be created within INSPECTOR’s own Wix.com account and hosted on Wix.com servers on a month-to-month or yearly basis according to Wix.com policies, domains, procedures, services, and availability. After the INSPECTOR’s website is designed inside the INSPECTOR’s Wix.com account, the responsibilities of Inspector Website Builder ends.
B. WIX.COM FEES
For an additional monthly or yearly hosting fee charged to INSPECTOR by Wix.com, INSPECTOR will be the owner and admin of their own Wix.com account, website, and domain and will be provided by Wix.com access to the INSPECTOR’s Website through the INSPECTOR’s Wix.com in order to edit it, control and change things, add pictures, add pages, manage emails and addresses, manage domains, and improve INSPECTOR’s own Website in any way that the INSPECTOR would like. Inspector Website Builder is not responsible for INSPECTOR’s Wix.com account, domains, emails, hosting, or billing.
C. CLIENT’S INITIAL REVIEW OF WEBSITE
Within approximately 14 business days from the date Company receives all required business information from Client, Company, if possible, will deliver the website design to Client for its initial review. Client will then have up to 3 business days to review the design and request reasonable edits which Company will try to complete within 3 business days.
D. WEBSITE EDITS & REVISIONS
During the initial website design and editing process with the client, Company will make edits and updates (during the initial design, client review and editing process) that do NOT include re-designs, template changes, or substantial edits or updates that are greater than a 10% change in website content at any moment in time based solely on Company’s opinion and determination. Company will spend a maximum of one hour on the website for minor edits and revisions. In plain language, this means that we do not design fully customized websites for our clients. We design customizable websites that are based only on our templates. Therefore, the end result design that the client pays for does not differ from the template more than 10% or one hour of Company’s time based solely upon our opinion and determination.
E. ADDITIONAL WEBSITE EDITS & REVISIONS
After the initial website is designed and reviewed by the Client, for an additional fee as determined by Company, Client may hire Company to perform limited editing and updating tasks to Client’s website. The additional edits and updates (after the Client’s Website is initially designed, reviewed, and published) do NOT include re-designs, template changes, or substantial edits or updates that are greater than a 10% change in website content at any moment in time. However, it may include basic edits such as replacing pictures, updating inspection services, and some minor text changes. Company may accept or decline the additional website edit work requested by Client. If Company agrees to perform such limited editing services, to enable Company to perform such additional services, Client will provide Company access to the Client’s Wix.com account. In plain language, this means that we do not design fully customized websites for our clients. We design customizable websites that are based only on our templates. Therefore, the end result design that the client pays for does not differ from the template more than 10% based solely upon our opinion and determination.
2. WEBSITE DESIGN
A. DESIGN
The design of INSPECTOR’s five-page Website will include material and business information provided to Inspector Website Builder by INSPECTOR. Inspector Website Builder will design INSPECTOR’s Website to a reasonable degree of a professional image based on one of the five-page website design templates that INSPECTOR has reviewed and chosen when hiring Inspector Website Builder. Inspector Website Builder may not include anything in the Website or in INSPECTOR’s directory on Wix.com Web Server deemed by Inspector Website Builder to be inappropriate, unprofessional, not accurate, not true, discriminatory, illegal, or otherwise deemed by Inspector Website Builder as something that should not be included in the Website design. Inspector Website Builder is not responsible for INSPECTOR’s professional image, certifications, claims, or qualifications.
B. HOME PAGE
INSPECTOR’s Website will consist of a Home page (the “first” page for the Website) that may be reached by typing a Uniform Resource Locator (“URL”) into a Web Browser, and that URL may be determined by Inspector Website Builder or INSPECTOR and registered through INSPECTOR’s Wix.com account. It will be written by and in the format deemed appropriate by Inspector Website Builder or INSPECTOR and in accordance with Wix.com URL format. INSPECTOR shall register and forward (connect or point) INSPECTOR’s own registered domain, if one exists, to the Website URL at INSPECTOR’s own additional cost. Inspector Website Builder is not responsible for the INSPECTOR’s domain, domain forwarding, domain connecting, domain redirecting, hosting, or home page services provided by Wix.com or any other registrar.
3. WEBSITE HOSTING
A. SERVER HOSTING
INSPECTOR agrees to maintain INSPECTOR’s website on Wix.com Web Servers on a month-to-month or yearly basis in accordance with Wix.com hosting and server policies, fees, availability, and procedures by paying Wix.com through the INSPECTOR’s own Wix.com account. If anything goes wrong with INSPECTOR’s website or domain or email in relation to the services provided by Wix.com, the INSPECTOR may notify Wix.com. Inspector Website Builder is not responsible for products and services provided to INSPECTOR by Wix.com, including hosting, domain, and email. Inspector Website Builder does not pay Wix.com for services that Wix.com provides to INSPECTOR. INSPECTOR pays for hosting services directly to Wix.com.
4. COMPENSATION
A. PRICE FOR WEBSITE DESIGN
The total price for all of the work set forth in the Agreement shall be two hundred and ninety-nine dollars ($299.00) USD for InterNACHI members / five hundred and ninety-nine dollars ($599.00) USD for Inspectors who are not InterNACHI members. This price covers all work and responsibilities related to the design of the INSPECTOR’s 5-page website inside INSPECTOR’s Wix.com account contemplated by Inspector Website Builder in this Agreement. When both parties have signed this AGREEMENT, INSPECTOR will pay Inspector Website Builder by credit card for the website design. There are no refunds once the payment is made, except as provided below.
B. REFUNDS AND CHARGEBACKS
By agreeing to these Terms and Conditions and making the payment for Website Design, the INSPECTOR waives the right to request a refund or initiate any chargeback with their bank or payment provider. In the event a refund is granted for any reason, it will be subject to processing fees, the amount of which will be determined by the Wix Processing system at the time of refund. The INSPECTOR acknowledges that any attempt to initiate a chargeback after accepting these Terms and Conditions will be considered a breach of this Agreement, and Inspector Website Builder reserves the right to pursue legal action and/or report the chargeback to the proper authorities for resolution.
C. PRICE FOR WEBSITE HOSTING
Wix.com is responsible for the hosting. The price for the Server Hosting shall be set by Wix.com and chosen and agreed to by INSPECTOR with Wix.com (the “Hosting Fee”). The Hosting Fee shall commence on the date the final website is fully operational and accepted by INSPECTOR and future Hosting Fees shall be due and payable to Wix.com by INSPECTOR on subsequent monthly or yearly anniversary dates of such operational date. This hosting fee is paid by INSPECTOR to Wix.com through the INSPECTOR’s Wix account. Inspector Website Builder is not responsible for the website hosting. Inspector Website Builder is not paid by INSPECTOR for Wix.com hosting services. INSPECTOR may cancel with Wix.com.
D. INVOICING AND PAYMENT
Inspector Website Builder shall invoice INSPECTOR during the applicable period if the INSPECTOR hires Inspector Website Builder to perform editing and updating work on the website in INSPECTOR’s Wix.com. INSPECTOR authorizes Inspector Website Builder to charge INSPECTOR’S credit card for invoices and other sums INSPECTOR owes Inspector Website Builder, and to sign any required forms for Inspector Website Builder to do this. INSPECTOR understands Inspector Website Builder may terminate this Agreement if INSPECTOR does not pay all sums owed when due. INSPECTOR understands Inspector Website Builder will automatically charge INSPECTOR for payment unless INSPECTOR notifies Inspector Website Builder in writing (email) that INSPECTOR no longer wishes to have their website edited and updated. There are no refunds.
E. WRITTEN NOTIFICATION
If INSPECTOR elects to not pay the monthly or yearly fee to either Wix.com, INSPECTOR must notify Wix.com and Inspector Website Builder. Upon not paying the fee to Wix.com, the website may be deleted and removed by Wix.com from the Wix.com servers and the Internet forever. Data or resources shall not be archived, saved, or retrieved by Inspector Website Builder. The website, its design, domain, email, online presence, and URL will not be available to INSPECTOR. Inspector Website Builder is not responsible for maintaining, archiving, or retrieving the INSPECTOR’s website on or from the INSPECTOR’s Wix.com account. INSPECTOR is the owner and admin of the INSPECTOR’s Wix.com account and Website after the initial website design work is completed by Inspector Website Builder.
F. CLIENT RESPONSIBILITIES
Upon scheduling the included 30-minute setup meeting, the Client grants permission to the Company to apply a $30 charge to the Client’s card if the Client is late or fails to attend the meeting. A late arrival is defined as arriving more than 10 minutes after the scheduled time.
5. NO CONFIDENTIAL INFORMATION
It is understood and agreed that Inspector Website Builder does not wish to receive from INSPECTOR confidential information of INSPECTOR or any third party. INSPECTOR represents and warrants that any information provided to Inspector Website Builder in the course of entering into this Agreement or performing any work hereunder shall not be confidential or proprietary to Inspector Website Builder.
6. INDEMNIFICATION / NO INFRINGEMENT
In performing services under this Agreement, INSPECTOR agrees not to provide any items that infringe one or more patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy, or other rights of any person or entity. If INSPECTOR becomes aware of any such possible infringement in the course of performing any work hereunder, INSPECTOR shall immediately notify Inspector Website Builder in writing. INSPECTOR agrees to indemnify, defend, and hold Inspector Website Builder, its officers, directors, members, employees, representatives, agents, designers, contractors, and the like harmless for any such alleged or actual infringement and for any liability, debt, or other obligation arising out of or as a result of or relating to (a) the Agreement, (b) the performance of the Agreement, or (c) the Deliverables. This indemnification shall include attorneys’ fees and expenses.
7. LIMITATION OF LIABILITY
Inspector Website Builder’s liability to INSPECTOR, his/her/its agents, beneficiaries, heirs, and/or any party claiming any rights or obligations related to any act or failure to act related to or concerning Inspector Website Builder’s performance under this Agreement, is limited to the amount paid for services by INSPECTOR to Inspector Website Builder under this Agreement. In no event shall Inspector Website Builder be liable to INSPECTOR or any other party for any special, exemplary, incidental, or consequential damages, including but not limited to lost profits, loss of revenue, loss of anticipated revenue or profit, lost business, or costs of delay, whether arising out of contract, tort, strict liability, or otherwise. Inspector Website Builder is not responsible for their services provided to INSPECTOR and for the services provided to INSPECTOR by Wix.com.
Upon Client’s acceptance of website ownership, the Client assumes full responsibility for the website and its ongoing functionality. The Company disclaims any liability for technical issues post-ownership transfer, including but not limited to issues related to the domain name, email, hosting, or accessibility. The Company’s role in the setup process is limited to screen-share guidance, and ongoing management and resolution of technical issues rest solely with the Client as the website owner.
8. PRIVACY POLICY
Inspector Website Builder’s Privacy Policy is available at https://www.inspectorwebsitebuilder.com/privacy-policy, and INSPECTOR hereby agrees to the terms and conditions set forth therein.
9. NO REPRESENTATIONS AND NO WARRANTIES
Inspector Website Builder makes no representations, no guarantees, and no warranties to INSPECTOR. Services furnished under this Agreement are provided “as is” and, unless otherwise expressly stated in this instrument, without representations, guarantees, or warranties of any kind, either express or implied. To the fullest extent permitted by law, Inspector Website Builder disclaims all warranties, express, implied, or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Inspector Website Builder does not warrant that use of software or products furnished by Inspector Website Builder or Wix.com will be uninterrupted, error-free, or secure, that defects will be corrected, or that products or the server(s) to which access is provided are free of viruses or other harmful components. Moreover, Inspector Website Builder makes no representations that hiring Inspector Website Builder and Wix.com will increase your revenue, increase your profits, increase website visitors, or generate more clients. Inspector Website Builder is not responsible for the services, products, and Website services provided to INSPECTOR by Wix.com. We only design an unpublished website inside INSPECTOR’s Wix.com account based on a template INSPECTOR chooses.
10. TERMINATION
A. TERMINATION OF AGREEMENT
Inspector Website Builder may, at its sole discretion, terminate or limit any or all work outstanding, or any portion thereof, immediately upon written notice (email) to INSPECTOR. Upon receipt of notice of such termination, Inspector Website Builder shall inform INSPECTOR of the extent to which performance has been completed through such date and deliver to INSPECTOR whatever work product and deliverables then exist, as determined by Inspector Website Builder. Deliverables will only be provided after full payment for all work performed and any applicable cancellation fees have been received. INSPECTOR shall be responsible for all work completed through the date of termination, including any reasonable expenses incurred and a cancellation fee of [insert percentage or amount]. No refunds shall be provided for any payments already made or work completed prior to termination.
INSPECTOR may terminate this Agreement with 14 days’ written notice (email) to natasha@inspectorwebsitebuilder.com. If INSPECTOR terminates the agreement, they shall pay for all work performed through the date of termination, along with any applicable cancellation fees. INSPECTOR acknowledges that no refunds will be issued for any payments already made, and any outstanding balance must be paid before deliverables are transferred.
B. SURVIVAL
In the event of any termination of this Agreement, all obligations and responsibilities of INSPECTOR shall survive and continue in effect and shall insure to the benefit of and be binding upon the parties and their legal representatives, heirs, successors, and assigns. The termination of any provision of this Agreement shall not excuse a prior breach of that provision.
11. UNAUTHORIZED ACCESS OR USE
Inspector Website Builder shall have no liability to INSPECTOR or any other person for any unauthorized access or use, corruption, deletion, destruction, theft, misuse, or loss of any of INSPECTOR’S or any other person’s information, data, or applications. Inspector Website Builder is not responsible for any defects or damages to equipment, any data center, or services resulting from (a) the INSPECTOR’s, the INSPECTOR’s agents’, or the INSPECTOR’s employees’ mishandling, abuse, misuse, or accident, (b) force majeure, or (c) the INSPECTOR’s use or provisioning of INSPECTOR Equipment electrically or mechanically incompatible with services or of inferior quality. Under no circumstances shall Inspector Website Builder be responsible for any third-party equipment or third-party software or damages that arise as a result of defects or issues related to the third-party equipment or software, including Wix.com.
12. STATUTE OF LIMITATIONS
No action, regardless of form (including in contract, tort, or otherwise), arising in connection with the performance of this Agreement may be brought by either party more than one (1) year after the date of the occurrence on which the action is based.
13. FORCE MAJEURE
Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
14. NO AGENCY
Inspector Website Builder does not undertake by this Agreement or otherwise to perform any obligation of INSPECTOR, whether by law or contract. In no way is INSPECTOR to be construed as the agent or to be acting as the agent of Inspector Website Builder in any respect, any other provisions of this Agreement notwithstanding.
15. APPLICABLE LAW / VENUE / WAIVER OF JURY / ATTORNEY’S FEES
A. APPLICABLE LAW
This Agreement shall be governed by the laws of North Carolina.
B. DUTY TO FIRST DISCUSS DISPUTES
Inspector Website Builder strives to improve each day. If you have a complaint or concern arising out of this Agreement about your website, you will promptly email it to Inspector Website Builder at alicia@inspectorwebsitebuilder.com. INSPECTOR also agrees that before INSPECTOR files a lawsuit or any administrative agency complaint against Inspector Website Builder, INSPECTOR agrees to meet with an Inspector Website Builder representative in a virtual video or in-person meeting for one hour to discuss the complaint and to resolve the dispute.
C. MEDIATION
If you notify Inspector Website Builder of a complaint and we are unable to resolve it, INSPECTOR agrees to participate in non-binding mediation with us before filing any action. The mediation will take place in Raleigh, North Carolina, and each side will pay 1/2 of the mediator’s fees. The mediator will be Christy Foppiano, J.D., of Carolina Dispute Settlement Services in Raleigh, NC. If she cannot serve, the parties will select a mediator from a panel of two mediators selected by the parties from the panel of the Cranfill Sumner Corp in Raleigh, NC, with the single mediator determined by a coin toss.
D. VENUE
If the parties’ efforts in good faith to resolve disputes pursuant to the alternative dispute resolution procedures described above fail, then the parties agree that the exclusive venue for any dispute arising out of this agreement shall be in Raleigh, North Carolina, unless federal jurisdiction is mandatory, in which case the exclusive venue will be the U.S. District Court in Raleigh. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any such action, both parties waive trial by jury. In any such action, the court must award the prevailing party their actual attorney’s fees and costs.
16. AGREEMENT BINDING ON SUCCESSORS
This Agreement shall be binding upon and shall insure to the benefit of the parties hereto, their heirs, administrators, successors, and assigns.
17. WAIVER
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
18. SEVERABILITY
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be deemed to be severed from the Agreement.
19. ASSIGNABILITY
This Agreement is personal to INSPECTOR and may not be assigned by any act of INSPECTOR or by operation of law unless in connection with a transfer of substantially all the assets of Inspector Website Builder or with the consent of Inspector Website Builder, which consent shall not be unreasonably withheld.
20. INTEGRATION
This Agreement constitutes the entire understanding of the parties, revokes and supersedes all prior agreements between the parties, and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may be in conflict therewith.
CLIENTS ELECTRONIC AGREEMENT
By checking the box indicating acceptance of these Terms and Conditions and proceeding with the purchase, Client acknowledges and agrees that they have read, understood, and accepted all the terms and conditions set forth in this Agreement. Client further acknowledges that this electronic agreement constitutes a legally binding contract between the Client and Company, and the Client’s electronic acceptance serves as the Client’s signature.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have each caused to affix their hand and seal the day indicating October 28, 2024.