Terms and Conditions

WEBSITE DESIGN & DEVELOPMENT SERVICES

Websites on Monthly Plans

DevelUp LLC offers low-cost monthly options for those who could not afford the full purchase price for the services that they need. These are provided so that small business owners have the ability to get started with a web presence as early as possible. Due to the high creation costs of websites, any client who is on a monthly plan agrees to the following additional rules:

1.) All sites will be hosted and maintained by DevelUp LLC.
2.) The monthly fee pays for creation, maintenance, and updating of the sites. All clients are effectively leasing the website from DevelUp LLC which agrees to cover the cost of site creation in exchange for a monthly maintenance fee.
3.) Access to any backend of any site may be restricted or denied at any time by DevelUp LLC. The backend of the site may contain sensitive or proprietary information.
4.) All clients have the right at any time to “buy out” their site at its current market value. IT hours in maintenance plans do not count towards the final site price during a buyout and will be calculated at 50.00 per hour.
5.) Clients who choose to buy out their site agree to pay for the time and work associated with transferring their site to a client owned server. This includes the hours required to troubleshoot the site after the transfer has been completed. DevelUp LLC charges a flat transfer fee of 299.00 for this service.
6.) Clients who cancel before their agreement is completed agree to cover site creation cost in full. It is fully understood that all websites cost more than the initial down payment and no client expects DevelUp LLC to lose money in order to service them.

Custom Website Quotes

All Graphic Design, Web Design & Development and Ongoing services provided by DevelUp LLC are subject to the following terms and conditions.

Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request. If your project requires flushing out, DevelUp LLC Intellectual Property, and/or more than one technical consultant to provide an estimate there will be a 250.00 consultation charge. This charge will be credited towards your project and you will retain the rights to any IP or Wire Framing that is done as a result of this meeting.

The Following Applies to All Websites Designed by DevelUp LLC

Website Design Credit

All DevelUp LLC web design clients will have a Design by: DevelUp Consulting link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and understand that this link may NOT be removed without our consent. Should you have a new layout designed for your site by a company other than DevelUp LLC, you may remove the credit from your website.

Copywrite & Ownership

Upon completion of the project, DevelUp LLC transfers all rights and ownership of CUSTOM designs and programming written by DevelUp LLC to the client. Software and third-party graphics or programs are not transferred to the client and remain under copyright of their respective owners. Ownership and copyright of all Templates available in our stores remain with DevelUp LLC and are not transferred to the client.

DevelUp LLC reserves the right to resell custom designed websites that remain unpaid by the original client, unaccepted mockups or other graphics created by DevelUp LLC but not in legal use by the client.

DevelUp LLC reserves the right to display websites and graphics that have been designed by DevelUp LLC on their website, and in any marketing material to aid as examples of our work.

Refunds

DevelUp LLC requires a deposit before we begin work on any project. This Deposit is always nonrefundable. A request to terminate services must be presented to DevelUp CLLC via email at info@wedevelup.com or using our cancellation form online.

Refunds will be processed within 30 days of a request by the client. If there is a refund amount due based on the terms above.

Ongoing Support

Are subject to the above terms and are paid on a yearly, monthly or hourly basis depending on the agreement details as stated in the original estimate(s). Once the site is launched unless otherwise stated in the service agreement ALL future work will be considered “ongoing support”.

Non-Communication

If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project can be canceled with notice and no refund will be issued.

No refunds will be issued for any period of time that resulted in a delay in service due in any part to a lack of communication on the part of the client.

Charges & Fees

All new custom web design projects require an initial 50% deposit that will be due at contract signing. The remaining 50% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

All new web design projects that exceed $10,000 US can be split into three payments. An initial deposit of 40% of the total project cost will be due at contract signing. The second payment of 40% the total project cost will be due upon acceptance of the design or the projects half way point. The final balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.

POST LAUNCH & INITIAL WEBSITE SUPPORT

(Now that your new website is online)

Maintenance (changes or updates) on your new website is included for the first 30 days after launch date. It is at this time that we can still address any minor changes/updates to the site as well any website related questions & tutorials. It is up to the client to do their due-diligence to check and test the site prior to the approval and launch of the new website. Any and all website related changes, questions, updates and support issues will be billed at our normal hourly rate of $125/hour (Our hourly rate is subject to change without written notice).

Final terms in the service agreement will add to or override the Terms of Service.

NON-DISCLOSURE AGREEMENT

All accounts or marketing materials while under construction are the sole property of DevelUp LLC until approved and released to our clients. Clients are encouraged to give feedback on their current projects. However, as this content is under construction and the quality does not reflect that of a finished product all clients who engage our services, agree to not disclose any details or conversations about their project while it is under construction. This helps to ensure both ours and our client’s reputation. Clients who chose to ignore this non-disclosure clause are voiding their rights to any private or confidential information that would normally be protected under the Terms of Service.

Each Party (on its behalf and on behalf of its subcontractors, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, sales figures, employee and customer information and any other information that the receiving Party reasonably should know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature

Confidential Information does not include any information that (i) at the time of disclosure or thereafter is lawfully obtained from publicly available sources generally known by the public (other than as a result of a disclosure by the receiving Party or its representatives; (ii) is available to receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; or (iii) has been independently acquired or developed by the receiving Party without violating its obligations under this Agreement or under federal or state law.

*Lack of Payment at any time will constitute a breach of the Non-Disclosure Agreement.

ARBITRATION AGREEMENT

By using any DevelUp LLC service, you agree to submit to binding arbitration. If any disputes or claims arise against DevelUp LLC or its subsidiaries, such disputes will be handled by an arbitrator of DevelUp LLC’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. The Client is fully responsible for any and all costs related to such arbitration.

CONFIDENTIAL INFORMATION

Will be listed in the client’s agreement if it applies to their service.

Each Party (on its behalf and on behalf of its sub companies, employees or representatives, or agents of any kind) agrees to hold and treat all confidential information of the other Party, including, but not limited to, trade secrets, sales figures, employee and customer information and any other information that the receiving Party reasonably should know is confidential (“Confidential Information”) as confidential and protect the Confidential Information with the same degree of care as each Party uses to protect its own Confidential Information of like nature.

Confidential Information does not include any information that (i) at the time of the disclosure or thereafter is lawfully obtained from publicly available sources generally known by the public (other than as a result of a disclosure by the receiving Party or its representatives); (ii) is available to the receiving Party on a non-confidential basis from a source that is not and was not bound by a confidentiality agreement with respect to the Confidential Information; or (iii) has been independently acquired or developed by the receiving Party without violating its obligations under this Agreement or under any federal or state law.

NON-CIRCUMVENTION

Will be listed in the client’s agreement if it applies to their service.

In addition, the Parties agree to not circumvent each other and work with business associates, clients, and other third-party vendors introduced by each party in this ease. The parties may introduce each other to companies that are interested in acquiring services, products, companies or being acquired. It is understood that the introducing party retains the ownership of such a referral and that the other party cannot deal directly with such referred company without the written consent of the referring party. This non-circumvention provision shall expire at the end of 2 years from the termination of this Agreement.

MISCELLANEOUS PROVISIONS

DevelUp LLC operates this Site to provide online access to information about DevelUp LLC and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Service”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Service, govern your use of those areas, content or transactions. These Terms of Service, together with applicable additional terms and conditions, are referred to as this “Agreement”.

All Graphic Design, Web Design, Development & Ongoing services provided by DevelUp Consulting are subject to the following terms and conditions.

Estimates provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request. If your project requires flushing out, DevelUp LLC Intellectual Property, and/or more than one technical consultant to provide an estimate there will be a 250.00 consultation charge. This charge will be credited towards your project and you will retain the rights to any IP or Wire Framing that is done as a result of this meeting.

Copyright

You will in no way copy any programming, text or images used on the DevelUp LLC website without the written consent of a DevelUp LLC representative.

Updates and Changes to Our Terms Of Service

This Terms of Service is subject to change at any time. Notices of change will be considered given and effective on the date posted on our website. The changes made will become effective the date they are posted on our website. No further notice by DevelUp LLC is required upon your continued use of our website or software.

Please note that by submitting your Deposit or down payment for our services you are agreeing to all of our terms of service as written here. DevelUp LLC reserves the right to change or update these terms at any time without prior notice.

Payment

DevelUp LLC accepts payments via Cash, Wire Transfer, SurePay, Check, PayPal and all major Credit Cards. Your project will not be released to you or uploaded until full payment is received. Any credit card payment over 3,000.00 will be subject to a 3% processing fee.

By accessing this web site, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Any further changes modify and replace all former agreements.

Subscriptions and Auto-Renewal Services

In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, DevelUp LLC operates with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by DevelUp LLC in writing). Accordingly, where applicable, DevelUp LLC will attempt to automatically renew the applicable Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with DevelUp LLC.

You agree that upon purchasing our services, that you clearly understand and agree what you are purchasing and will not file a fraudulent dispute via PayPal, Stripe, or your banking institution.

Your re-occurring payment term will automatically recur for the same amount on the same term if you fail to cancel or notify us for cancellation with 30 days notice.

Upon a fraudulent attempt to file a dispute, we receive the right, if necessary, to charge and collect damages based on work completed.

Suspending or Delaying Billing

Any client may delay or suspend their service at any point by providing 30 days written notice prior to the suspension date. For social media accounts, this must happen before the approval of the current month’s demo reel.

All delayed billing accounts will be charged on a pro-rated basis any days which push back their subscription payments.

Any website accounts that are delayed will have continued service. Any accounts that are suspended will be taken down and replaced with an “Under Maintenance” page.

If an account is suspended for 30 days or more the account owner will either be charged a 50.00 reinstatement fee or be moved up to the current pricing structure for their service. This decision is entirely at the discretion of the DevelUp LLC Customer Service Representative.

Indemnification

DevelUp LLC shall not be responsible for any damages your business may suffer. DevelUp LLC makes no warranties of any kind, expressed or implied for services we provide. DevelUp LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by DevelUp LLC and its employees.

DevelUp LLC shall not be responsible for any damages your business may suffer. DevelUp LLC makes no warranties of any kind, expressed or implied for services we provide. DevelUp LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by DevelUp LLC and its employees.

Disclosure to Law Enforcement

DevelUp LLC may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Reviews & Public Usage

DevelUp LLC reserves the right to utilize any reviews left on any platform for advertising, marketing, and sales purposes.

Money Back Guarantees

On all social media accounts, this applies to content approval only. On all website accounts, it applies to the functionality of the project. There is no guarantee on any project which was part of a promotion or on any style websites where the customer picks out the template first.

DevelUp LLC gives you an unconditional 30-day money back guarantee on managed social media accounts. The guarantee runs month to month and is no longer valid after a client has approved their services for that month.

DevelUp LLC offers special guarantees on services like our Instagram packages. If the client chooses an Instagram Package that does not include any content provided by DevelUp LLC than the client accepts responsibility to create consistently engaging content. All Instagram Guarantees will be issued as an account credit or promo code. Failure to do so will void any and all guarantees.

Void Guarantee

We guarantee a minimum number of followers for some Instagram marketing service package, however there will be certain extenuating circumstances under which the guarantee will be considered null and void. These circumstances are as follows:

  1. Third-party service use: In such cases where a customer uses third-party services, we always pause the delivery of services and contact the customer via phone and email to verify that they are not using the service or have verified that they are no longer using the third-party service. Due to the necessity of pausing services on accounts such as this, we reserve the right to consider the guarantee void for that billing month.
  2. Failed payment: We only provide services for accounts that have verified valid payment information. The service is billed automatically on a month-to-month basis until cancelled by the customer. If the automatic payment fails, we suspend services on the account until payment is updated by the customer. We always notify the customer of failed payment via email. In these instances, we reserve the right to consider the guarantee void for that billing month.
  3. Client opts to choose their own marketing targeting: We offer result based guarantees because we have conducted the research into he best possible targeting for optimal results. User that define specific following outside of what DevelUp recommends will void the result-based guarantee of all Instagram marketing results, as we cannot know how well the user-defined targeting will perform for any given brand.

Cancellations & Refunds

DevelUp LLC reserves the right to cancel the account at any time with notice. Customers who wish to discontinue using any service must provide 30 days written notice to DevelUp LLC via the Online Cancellation Form located inside of their client portal. No refunds will be given and services will continue as normal until the end of the 30-day notice.

Customers may cancel at any time via a cancellation form located in their user account.

The notice must be given on the Client’s Billing Page under Subscriptions https://www.wedevelup.com/my-account/billing/. Upon canceling the client will be sent a cancellation confirmation email, this will be used as proof that the client canceled properly. If the client can not provide this email or if the client takes any action that forces a cancellation (disputing payments, changing passwords, emailing notice of intent to cancel, ect.) without properly canceling through the client portal, the client agrees to a one-time admin fee of 350.00 to DevelUp LLC. The Client agrees that this fee, in part or in whole, may be charged immediately onto their registered form of payment.

Since DevelUp LLC is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the service is provided. As a customer you are responsible for understanding this upon purchasing any item at our site.
However, we realize that exceptional circumstance can take place with regard to the character of the product we supply.
Therefore, we DO honor requests for the refund on the following reasons:

Non-delivery of the service: in some cases, the process times are slower, and it may take a little longer for your orders to finish. In this case we recommend contacting us for assistance. Claims for non-delivery must be submitted to our support department in writing within 7 days from the initial order placing date. Otherwise the campaign will be considered completed.

Service not-as-described: such issues should be reported to our support department within 7 days from the date of the initial purchase. Clear evidence must be provided proving that the purchased service is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honored.

Right To Refuse Service

Under federal anti-discrimination laws, businesses can refuse service to any person for any reason, unless the business is discriminating against a protected class. At the national level, protected classes include: Race or color. National origin or citizenship status.

Under these laws, we reserve the right to refuse service to any client that we deem falls under these categories:

  • Any Client who is a risk to themselves or others through their behavior
  • Any Client where there is a likelihood for fraud or lawsuit
  • Any client where it would be or has become cost prohibitive to do business with the client for any reason
  • Any client whose behavior or brand could be perceived as illegal
  • Any client who cannot provide any requested documentation of proof of identity

Privacy Policy

This policy covers how we use your personal information. We take your privacy seriously and will take all reasonable measures to protect your personal information.
Any personal information received will only be used to fill your order. We will not sell or redistribute your information to anyone.