1. Acceptance of Terms

This Terms of Service (TOS) agreement is between you (Client) and WebiProg.

By accepting this Terms of Service (TOS) electronically or in writing, and/or by using WebiProg’s services, including but not limited to, submission of content to WebiProg’s design department, payment or authorization of payment, you (Client) agree to be bound by the following terms and conditions. Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.

WebiProg provides its services to Client subject to the following TOS, which may be updated from time to time without notice. Client should periodically review the most current version of the TOS at http://www.webiprog.com/terms-and-conditions. Failure to comply with the TOS may result in account termination. By using WebiProg’s services Client agrees to (and hereby signs) the most current version of the TOS. If Client does not expressly reject the TOS and cancel Client’s account within 5 days from the date of initial sale, Client agrees to (and hereby signs) the TOS and WebiProg is instructed to commence work on the Client’s website as if Client had expressly accepted the TOS.

Client’s acceptance of the TOS is binding upon all WebiProg services including the purchase of additional services or additional websites or accounts at a later date.

2. Description of Service

WebiProg designs and provides other website-related services, including, but not limited to, support and modification of websites, e-commerce, web-traffic reporting, database development, easy interface for updating the website, email accounts and additional website-related services. Client understands that WebiProg’s services may include certain communications from WebiProg such as advertisements, notices, service announcements and newsletters. Client is responsible for obtaining access to WebiProg’s services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access WebiProg’s services.

3. Electronic Delivery Policy

WebiProg is a website-related business and communicates with its Clients electronically. When Client accepts this TOS Client consents to receive electronically from WebiProg any notices, agreements, disclosures, or other communications (Notices). Client agrees that WebiProg may send electronic Notices in the email address provided to WebiProg at the time of sale. Notice from WebiProg is effective when sent by WebiProg, regardless of whether the Notice is read or received by Client.

4. Privacy Policy

Personal data and certain other information about the Client are subject to WebiProg’s Privacy Policy. For more information see the privacy policy at http://www.webiprog.com/terms-and-conditions/privacy-policy. By using WebiProg’s services Client also agrees to the most current version of WebiProg’s Privacy Policy.

5. Call Monitoring and Recording Privacy Statement

As part of WebiProg’s commitment to providing the best possible service WebiProg may monitor and record phone calls answered by WebiProg and made by WebiProg. WebiProg may also archive recorded voice mail messages. WebiProg records calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone. This allows WebiProg to identify how WebiProg can better serve its customers.

6. Unacceptable Practices

As WebiProg strives to offer the very best service, there are certain guidelines and policies that must govern WebiProg’s efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of WebiProg’s services.

As a Client of WebiProg you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s website is the sole responsibility of the Client. Client is fully responsible for all website content and agrees to hold WebiProg harmless in the event of third parties’ legal issues brought against Client for Client’s business practices. WebiProg retains the right to terminate any accounts that are in violation with the letter or spirit of this TOS. WebiProg may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by WebiProg for a TOS violation the Client is not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy.

As WebiProg Client you may have access to editing tools for your website build by WebiProg. Client may edit, add or delete content to the website at anytime. With this understanding WebiProg may or may not pre-screen content. WebiProg shall have the right (but not the obligation) to pre-screen and refuse or remove any content at its sole discretion. Client agrees that Client bears all risks associated with the use of all content, whether edited or written by WebiProg or not, including any reliance upon accuracy, usefulness or completeness.

7. Intellectual Property Policy

WebiProg respects intellectual property laws, including those applicable to copyright and trademark, and the intellectual property of others. WebiProg may terminate accounts for copyright or trademark infringement, or for any other reason WebiProg deems appropriate as it may relate to Client’s use of another’s intellectual property.

WebiProg will not use copyrighted or trademarked materials on any Client’s website without the express written consent of the copyright or trademark owner. It is Client’s responsibility to ensure that all content submitted to WebiProg is original content and free from third-party copyright or trademark protection, or to obtain permission to use from the copyright or trademark owner. Client assumes full liability for any copyright or trademark infringement of Client’s website on any third-party copyright or trademark, including, but not limited to, any infringement due to website content, website design or the look and feel of Client’s website. (See Unacceptable Practices).

Client content that is sent to WebiProg will remain the intellectual property of the Client. WebiProg does not return original content to the Client. Unless a request to return the original content to the Client is made in writing upon submission of the content, the content will be destroyed. WebiProg will attempt to honor requests to return original content; however, WebiProg has no liability and does not guarantee the return of any content to Client.

Domain names purchased by WebiProg and website designs, databases, stores, or programs created by WebiProg are the property of WebiProg until Client has paid all project related costs.

8. International Use

Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, Client agrees to comply with a) all laws and regulations regarding the transmission of technical data exported from the United Kingdom of Great Britain, or the country in which Client resides and/or transacts business, and b) all laws and regulations regarding the collection and processing of personal data, including those relating to the transfer of personal data.

9. Interstate Communications

Client acknowledges that by using WebiProg’s services Client will be causing communications to be sent through WebiProg’s computer networks, which may be located throughout the United Kingdom of Great Britain. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of WebiProg’s services results in interstate data transmissions and may result in transborder transfer of personal data. Client hereby consents to the collection, processing and transborder transfer of such personal information as Client may provide or make available to WebiProg.

10. Website Construction Procedure

With help and input from the Client, WebiProg will develop the website. Before work may begin on a website, the Client must electronically accept these Terms of Service. Client may submit content to WebiProg via email.

In submitting content, links to sample sites the Client likes are for general information purposes only and assist WebiProg with the design of the Client’s custom website. The functionality and detail of the sample sites will not be duplicated unless such functionality and detail are specifically included and itemized in WebiProg’s invoice and/or Specifications Summaries and do not infringe upon the intellectual property rights of others.

WebiProg will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the website. Client will be notified by email when the website is live.

11. Completion Timeframes

Client understands, agrees and acknowledges that WebiProg does not guarantee a time frame for completion of ANY website. This is in part because it is difficult to complete a website without design approvals and participation from the Client. In addition, if the Client continues to submit additional content throughout the development process, or requests additional modifications to the site design, the completion time frame is increased. Other factors that may influence the completion date of a website include, but are not limited to, complexity of Client’s project(s), availability of WebiProg personnel, accounting status of Client’s account, etc.

If Client does not respond to WebiProg communications and, as a result, WebiProg is not able to start or complete the website, Client is still responsible for all fees incurred including, but not limited to, design purchase price and set-up fees. If Client’s website requires custom programming, functionality, e-commerce or the use of a database, the overall development time will be extended.

12. Client Approval

Client is responsible for testing the functionality of the website upon WebiProg’s request for approval, and notification that the website has been completed. This includes, but is not limited to, functionality of all website pages, database, e-commerce store, payment functions, galleries, forums etc.

Client website may be posted live as soon as the website design is completed by WebiProg. Additional features, such as custom database programming, store programming, etc., will be added to the site as they are completed. The website may be posted live within 30 days from purchase if WebiProg is required to complete content and design without complete Client input or content from Client.

The Client understands and agrees that if the Client does not respond within 5 business days to WebiProg’s request for approval and notification that the website has been completed and taken live, the website along with the functionality of the website and services rendered, will be deemed to be approved by the Client and Client agrees services have been rendered and the functionality of the website has been tested and approved by the Client.

The Client understands and agrees that if the Client does not respond to requests for missing information a final notification will be sent to the Client. If the Client does not respond within 5 business days to WebiProg’s notification or requests for missing information, the website, along with the functionality of the website and the services rendered, will be deemed to be approved by the Client, and the website will be taken live with the missing information “as-is” or “under construction”.

In the event that WebiProg completes all of the work per the original sale and database write ups, WebiProg reserves the right to move the site live and deem the work to be completed without Client’s permission if Client will not give approval of the work.

13. Scope of Work

Client understands that the website purchase and development includes a specific number of pages, features and/or functionality. The Client invoice and/or Specifications Summary lists the specific features, functionality and number of pages purchased. The website only includes those items purchased. If the Client desires additional features, functionality or pages client may request a price quote to purchase as additional enhancements to the website. Additional work requested by the Client outside of the scope of work purchased may be charged at an hourly rate or as specific enhancements.

14. Website Change Requests Before and After Website Goes Live

WebiProg agrees to build a website and/or database to specifications quoted per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale, either prior to the custom website going live, or after the site has gone live, will be billed at WebiProg’s standard hourly rate. WebiProg is not obligated to complete Client requests or changes outside of the scope of work on the original invoice. If WebiProg does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due.

15. Database/Programming

WebiProg does not guarantee a time frame for completion of ANY custom database or custom programming completed by WebiProg. If database is completed by WebiProg A custom “Database Specifications Summary” may be presented to the Client. WebiProg agrees to complete the database design according to the specifications outlined. If the Client does not object or respond to the Specifications Summary in writing within 5 business days it will be deemed to be accepted by the Client and WebiProg may proceed with development of the custom database as outlined. A Specifications Summary may not be presented to the Client for purchase of pre-built database modules and e-commerce store modules.

If Client requests changes to a pre-packaged database, pre-built database module, or e-commerce store module, changes are to be billed to Client at WebiProg’s standard hourly rate. There is no guarantee that changes made by WebiProg to a pre-packaged database, pre-built database module, or e-commerce store module will work. Client agrees charges are valid and agrees to pay for all fees incurred for Client’s requested changes to pre-packaged databases, pre-built databases modules, or e-commerce store modules. Once work has begun on a database or custom programming there is No Refund if cancelled.

Client is responsible for testing the functionality of the website upon WebiProg’s request for approval and notification that the website has been completed. This includes, but is not limited to, testing the functionality of the custom database or programming. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.

WebiProg will instruct Client as to the use of the custom database and the inputting of data related to such database. However, data entry is the sole responsibility of the Client. If the Client requests WebiProg to enter data into the database, the Client will be charged, and agrees to pay, for such data entry at WebiProg’s standard data entry rates.

16. E-commerce/Stores

Client will be provided with instructions to input products into the store. If Client requests WebiProg to enter products into the store on Client’s behalf, the Client will be charged, and agrees to pay, for each product added to the store at WebiProg’s standard product-entry rates. Client is required to submit store content to WebiProg via WebiProg’s content spreadsheet. The e-commerce store module is pre-built and any changes to the look or functionality of the pre-built store require custom programming. The Client will be billed at WebiProg’s standard hourly rate for requested changes. (See Database/Programming)

Client is responsible for testing the functionality of the e-commerce store upon WebiProg’s request for approval and notification that the website has been completed. This includes but is not limited to testing the payment functionality. WebiProg is not responsible for functionality of third-party services such as, but not limited to, merchant account, or gateway. Upon Client approval of the website to go live, Client agrees services have been rendered and functionality of website has been tested and approved by Client.

17. Enhancements to Website

Client may purchase enhancements to the website at the time of initial sale or anytime thereafter. Enhancements to the website may include, but are not limited to, custom programming, database, e-commerce, logos, galleries, rollovers, etc. Client’s requests for enhancements to the original sale will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.

Some enhancements such as, but not limited to, custom programming, functionality, etc, may require that a specifications summary be presented to the Client. If the Client does not object to the specifications summary within 5 business days, the summary will be deemed to be accepted, and WebiProg will proceed with the development as outlined. Once work has begun on enhancements purchased by the Client there is No Refund if cancelled. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.

18. Expedited Services

While WebiProg does not guarantee a time frame for the completion of any custom website, it may offer an optional expedited service to Client for a fee. Expedited service is not available for all accounts and all requests for expedited service must be approved by WebiProg at its sole discretion. Client understands and agrees that Client’s use of expedited service does not guarantee that Client’s website including its corresponding design, enhancements, databases, e-commerce stores, etc, will be completed more quickly than they would be without the use of the expedited service. The expedited service fee only ensures that WebiProg will make reasonable efforts to more quickly assign designers and programmers to the account in an effort to facilitate development than would be the case under the ordinary developmental process.

The successful use of expedited service is contingent upon Client’s timely acceptance of the Terms of Service, payment of any and all fees due, submission of content through the online web center and acceptance of any project specification documents prepared by WebiProg and Client’s timely cooperation with WebiProg in any solicitation for information related to the website’s development.

19. Additional Services

Client may purchase at an additional monthly cost additional services offered by WebiProg. Additional services may include, but are not limited to, search engine optimization and search engine marketing. Additional monthly services include a monthly fee that is incurred and billed every month beginning from the date of purchase of the additional service. WebiProg will Not Refund any fees incurred for additional services or paid by the Client prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and Client agrees to pay. Additional services purchased may be cancelled with 30 days written notice.

20. Technical Support

WebiProg’s technical support department should be contacted at This email address is being protected from spambots. You need JavaScript enabled to view it. for any problems with the website or functionality of the website after the website is live. WebiProg provides free technical support for functionality and down time issues that are caused by WebiProg.

21. Customer Service

WebiProg strives to offer the best service available. Customer service complaints or concerns should be emailed to This email address is being protected from spambots. You need JavaScript enabled to view it.

22. Design Time/Service Contract

Client may wish to make changes or updates to the live website that WebiProg is building. Most changes can be made using editors built in the Client’s website. The online editors may not be available for all websites, or all pages of a website. Availability of the online editors is dependent upon the functionality and specifications required for the Client’s website. If Client desires for WebiProg to make changes to website, design time may be purchased at an hourly rate or in blocks of design time.

WebiProg is not responsible for any changes Client makes to website, or if Client breaks the website. Time required by WebiProg to repair changes made by Client will be billed to Client at WebiProg’s standard hourly rate or WebiProg may utilize design time that has been purchased by the Client.

PHP/MySQL updates are considered enhancements or additional services purchased, and are not design updates to the website. The appropriate fee will be charged for the purchase of each enhancement.

23. Domain Names

Client is responsible for the purchase and renewal of domain names and will be billed directly by domain name provider for annual renewal fees. Client agrees to pay WebiProg for domain names purchased and/or renewed by WebiProg on Client’s behalf.

Domain names purchased by WebiProg on Client’s behalf and website designs, databases, or stores created by WebiProg are the property of WebiProg until Client has paid all fees.

24. 180-Day Satisfaction Guarantee

WebiProg provides a 180-day satisfaction guarantee. WebiProg will continue to change and modify the Client’s website to Client’s liking, within 180 days from the date of sale or until the website is taken live, whichever comes first, at no additional cost, provided that said revisions are part of the original sale and are not enhancements to the original sale. Changes to the website made after 180 days from the date of the initial sale, or after the website is taken live, will first be billed to the Client’s at WebiProg’s standard hourly rate.

25. Bulling policy

All charges are provided by default in GBP i.e. £. Payments are to be made in this currency. We accept the following types of payment:

a. PayPal

b. Bank Transfer

Billing occurs prior to commencement of work with progress payments throughout the project and a final payment upon completion of work. For new clients, WebiProg requires a minimum 50% deposit prior to commencement of work and reserves the right to ask for 100% payment upfront.

Payment is expected within 10 days from date of invoice. A 20% late fee will apply to overdue accounts and must be applied when payment is made. If the late fee is not applied, a separate invoice will be sent to recover this fee.

26. Billing Disputes

If Client wishes to dispute a charge Client must first contact WebiProg’s billing department and must allow 10 business days for a response. To avoid any dispute about Client’s attempt to contact WebiProg, Client must send the request via email to:

This email address is being protected from spambots. You need JavaScript enabled to view it.

27. Termination/Cancellation of Services

WebiProg, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if WebiProg believes Client has violated the TOS. WebiProg may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. Client agrees that any termination of access to WebiProg’s services under any provision of this TOS may be effected without prior notice and that WebiProg may deactivate or delete Client’s account and all related information files. Client agrees that WebiProg shall not be liable to Client or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. WebiProg may suspend or terminate accounts, and shut down website for accounts that become delinquent for more than 30 days, in which case Client remains responsible for any unpaid balance owed to WebiProg. WebiProg also reserves the right to discontinue the designing of Client’s website at any time, at WebiProg’s sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by WebiProg.

If the Client cancels the project before the work is completed or site is live, a cancellation fee is retained per the Cancellation Fee and Refund Policy. Client agrees that all fees incurred and billed prior to cancellation effective date are valid and Client agrees to pay. Upon request for termination of services the website will be removed. A back-up copy of the website is not maintained by WebiProg.

Client agrees to pay all additional services fees owed from the time of sale until the cancellation effective date.

Requests for cancellation of website services or additional services should be sent to the following email address:

This email address is being protected from spambots. You need JavaScript enabled to view it.

28. Cancellation Effective Date

If Client has not paid all design, enhancement, additional services fees due, such fees are due in full at the time of cancellation and Client authorizes WebiProg to collect any outstanding fees due, subject to the Cancellation Fee and Refund Policy. Client understands any pending billing for design fee installments previously agreed to will not be cancelled.

29. Cancellation Fee and Refund Policy

WEBSITE DESIGN/DEVELOPMENT - Refunds of the fees paid for development of the website may be issued on accounts cancelled within 90 days of the initial sale and prior to the completion of the website according to the following schedule:

A) A minimum of a 50% cancellation fee will be retained by WebiProg on cancelled accounts even if no work has been started and no content yet submitted by the Client.

B) A minimum of a 75% cancellation fee will be retained by WebiProg on cancelled accounts if work has been presented to the Client; or WebiProg has made multiple attempts to work with the Client, and Client has not responded to those attempts.

C) A 100% cancellation fee will be retained by WebiProg and NO REFUND issued if any changes and/or modifications requested by the Client have been completed by WebiProg. No Refund will be issued on any website cancelled after services have been rendered, including but not limited to, the design work having been completed and/or the website taken live.

D) 100% cancellation fee will be retained and NO REFUND will be issued by WebiProg if Client cancels after 90 days from the initial sale.

MINIMUM CANCELLATION FEE – Client agrees that a minimum cancellation fee of 50% will be retained by WebiProg on all cancelled accounts even if no work has been started. The cancellation fee is charged to compensate WebiProg for up-front expenses and services rendered, including but not limited to, costs incurred for the purchase of domain name(s) for developing the website, securing server space, creating the temporary website or space saver, employee expenses, marketing, and overhead costs.

ENHANCEMENT SALES - A 100% cancellation fee will be retained by WebiProg and NO REFUND will be issued once work has begun on any enhancements purchased, including, but not limited to, databases, programming, logos, galleries, rollovers, e-commerce stores, security certificates, design time, domain names, etc. A minimum cancellation fee of 50% will be retained on cancelled expedited services. Client agrees that a minimum cancellation fee of 50% will be retained by WebiProg on all cancelled enhancement purchases if cancelled within 90 days of the enhancement sale and if work has not yet begun. NO REFUND will be issued by WebiProg if Client cancels after 90 days from the enhancement sale. Enhancements or additional services purchased after the initial sale are separate purchases and are in addition to and separate from the original sale. If a Client cancels an enhancement the original sale is not cancelled.

By accepting a refund in full or refund less cancellation fee, Client agrees that the matter is settled in full and releases WebiProg, its officers, owners, members, agents and employees of any and all contractual obligations and waives all claims of any nature, including legal action, against WebiProg’s its officers, owners, members, agents and employees.

30. WebiProg Proprietary Rights

Client acknowledges and agrees that WebiProg’s services may contain proprietary and confidential information that is protected by intellectual- and proprietary-rights laws. Client agrees to not reproduce, duplicate, copy, sell, resell or exploit any portion of WebiProg’s services.

31. Use of Client Information

Client hereby agrees that any information or ideas submitted to WebiProg by any means may be used by WebiProg without compensation or liability to Client for any purpose whatsoever, including but not limited to, developing websites, databases, e-commerce and developing, manufacturing and marketing other products. This provision does not apply to Client content or to personal information that is subject to WebiProg’s Privacy Policy.

Client herby gives permission to WebiProg to use samples or links to Client’s custom website designed by WebiProg for marketing and advertising purposes, including but not limited to, use in WebiProg’s online portfolio.

32. Third-Party Services

From time to time third parties may offer services or software to WebiProg’s clients, clients may request the use of third-party services or software, or WebiProg may suggest the use of third-party services or software to its clients. Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties. It is Client’s sole responsibility to ensure that the use of third-party services or software complies with third-party terms of use and licenses, these Terms of Service, and any and all applicable laws. Client assumes full responsibility for, and releases WebiProg from, any and all liability associated with the use of third-party services or software. WebiProg does not represent nor warrant that use or access to any third-party services will strong be compatible, uninterrupted, error free, without defects or that Client will be able to access WebiProg’s services. Client also agrees that WebiProg is under no obligation to provide Client with any enhancements, updates, or fixes to make WebiProg’s services accessible through any third-party applications or services, including third party hosting services. WebiProg is under no obligation whatsoever to provide support or service for websites hosted on third party servers.

33. Contract Service Providers

WebiProg may contract with Contract Service Providers to complete a portion, or all of the Client’s custom website. The Client agrees not to do business directly with the Contract Service Provider, nor to remit payment to the Contract Service Provider or any WebiProg employee directly for services. All payments for services rendered must be made directly to WebiProg. Contract Service Providers are independent contractors and are required to follow c/p pompany policies and procedures. Contract Service providers are provided with only the information needed to complete the design or development portion of the Client’s website and do not have access to Client’s personal information including payment information.

34. Disclaimer of Warranties

CLIENT’S USE OF WEBIPROG’S SERVICES IS AT CLIENT’S OWN RISK. WEBIPROG’S SERVICES ARE PROVIDED “AS IS”. WEBIPROG DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WEBIPROG DISCLAIMS ANY WARRANTIES REGARDING WEBIPROG’S SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WEBIPROG DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WEBIPROG’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. WEBIPROG DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES, OR WEBSITE. WEBIPROG DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH WEBIPROG’S SERVICES, OR LINKS PROVIDED BY WEBIPROG’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY WEBIPROG OR OBTAINED THROUGH LINKS PROVIDED THROUGH WEBIPROG’S SERVICES.

CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WEBIPROG’S SERVICES ARE DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.

35. Limitation of Liability

CLIENT UNDERSTANDS AND AGREES THAT WEBIPROG, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEBIPROG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE WEBIPROG’S SERVICES, RELIANCE ON WEBIPROG’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBIPROG’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH WEBIPROG’S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO WEBIPROG’S SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO WEBIPROG’S SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.

Without limiting the foregoing, under no circumstance shall WebiProg be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. WebiProg’s full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to WebiProg.

36. Tort Claims and Other Claims

Client waives all tort claims, strict liability claims and any and all other legal and equitable claims to the extent permitted by law against WebiProg, its subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. Client waives any tort claims that arise by act, or omission. Client further agrees that it may only bring claims against WebiProg in Client’s individual capacity and not as a member of a class.

37. Indemnification

Client agrees to defend, indemnify and hold harmless WebiProg, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through WebiProg’s services, from any product sold by Client, its agents or employees or assigns, from any service provided or performed or agreed to be performed by WebiProg or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another. Client further agrees to defend, indemnify and hold harmless WebiProg, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.

38. Notice

Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If Client chooses to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.

RASH Enterprises Ltd.

Trading Office

BelvidereHouse

Fyvie

Turriff

39. Contact WebiProg

Client may contact WebiProg at +44 (0)1937 587770 M-F from 8:30 –5:00 MST. Client may visit our website at www.webiprog.co.uk at any time. Client may also email WebiProg at This email address is being protected from spambots. You need JavaScript enabled to view it.

40. Severability; Waiver

In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by WebiProg to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation.

41. Jurisdiction

This agreement shall be governed exclusively by the laws ofTurriff,Great Britain, without regard to any conflicts of law provisions thereof, as a contract entered into and performed entirely within Turriff.

42. Arbitration

Notwithstanding the foregoing, in lieu of litigation, arbitration may be used as a means of resolving disputes. Arbitration would be through a neutral third-party arbitrator to be approved by both Client and WebiProg. If any court sitting outside theGreat Britaindetermines that the litigation forum or arbitration provisions of this agreement are invalid, then and only then, the parties agree to settle any dispute through binding arbitration by three arbitrators, in the English language.

43. Governance

WebiProg may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.

44. General Information

This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of WebiProg. All representations not in writing are null and void. Written agreements may include, but are not limited to, emails and electronic acceptance of this Terms of Service.

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