Payment & Setup

Websites for Daycares ("W4D") will begin the process of creating your ("Client") website when the full setup fee for the website is received. This applies to the Basic, Plus, and Professional website setup.

Project Termination Due to Non-Response from the Client

W4D will work expeditiously with Client to create Client's new website.  Client can expect prompt responses from W4D - typically 1 to 2 business days.  W4D also needs prompt responses and materials from Client in order to deliver Client's new website.  In the event that Client is non-responsive and/or has not provided requested materials to finish their website for a period of 4 months or more, W4D will consider the project terminated.  No refunds will be provided on deposits, setup fees or progress payments paid.

Cancellation

In the event that work is postponed or cancelled at the request of Client, W4D shall have the right to retain the original deposit / setup fee and any progress payments made until that point. No refunds are given once the project has been started.

Website Credit

Client agrees that W4D may use and display the graphics and other web design elements of Client’s website as examples of W4D's website design and development work. W4D shall place an unobtrusive credit in the footer on each page of Client’s website for website credit purposes and shall include a hyperlink to the website of W4D.

Warranties

W4D does not warrant that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with Client. In no event will W4D be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrights, Trademarks, Limited Liability, and Indemnification

W4D owns the copyright to their custom-created, proprietary website design themes / templates. W4D creates websites for our clients based on these proprietary themes and continues the ownership of these themes even after the website setup fees and monthly or annual website hosting & support fees are paid. The themes / templates are the designs that are found on our Website Themes page and include the entire design including the stock images used, the color palettes, custom graphics, background features and elements, verbiage, placement of elements, fonts used, etc. These templates are only to be used by active Clients who (1) have paid the website setup fee and (2) are paying the monthly or annual website hosting and support fee to remain a Client.

Upon receipt of the website setup fee, the Client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website.  Rights to the design template, stock photos, graphics, source code, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. 

If Client chooses to close their account with W4D, Client may not use W4D proprietary themes with another website design business or hosting company. Copyright of the themes remain with W4D. Copying W4D' proprietary themes / graphics for use with another service provider or hosting company would qualify as an infringement on W4D copyright and would result in W4D seeking damages from the offending party for copyright infringement.

The Client represents to W4D and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to W4D for inclusion in Web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend W4D and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Under no circumstances, including negligence, shall W4D, its offices, agents or anyone else involved in creating, producing or distributing its services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use W4D’ services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to W4D’ records, programs or services. Client maintains sole responsibility for data backups and restoration. Client hereby acknowledges that this paragraph shall apply to all content on W4D’ services.  W4D holds no guarantee that Client’s website, and products or services offered on their site, will be profitable or successful.  W4D cannot be held responsible for third party applications Client’s website may integrate with, which includes shopping carts, message boards, databases, etc. 

Client agrees that it shall defend, indemnify, save and hold W4D harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, ("Liabilities") asserted against W4D, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employee or assigns. Client agrees to defend, indemnify and hold harmless W4D against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with W4D’ service, any material supplied by Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product which Client has sold in the Web Design.

Updated Terms & Conditions
W4D may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to Client by W4D posting the new Terms and Conditions on this Site. W4D reserves the right to update any portion of these Terms and Conditions, at any time.

Conflict Resolution

W4D services shall be governed by the prevailing laws of the State of Texas. Should any conflicts arise related to our work together, Client and W4D agree to seek a suitable resolution through a neutral arbitrator, whose ruling shall be considered final and binding on both parties.