1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding
agreement between you and:
Dominik Blöchinger (Trading as WebNova360)
Charneca da Caparica, Portugal
Email:
[email protected]
By accessing or using WebNova360's website and services, you
acknowledge that you have read, understood, and agree to be bound
by these Terms. If you do not agree to these Terms, you must not
access or use our services.
2. Services Offered
WebNova360 provides professional web development, design, and
related digital services, including but not limited to:
- Custom web application development (Full Stack)
- WordPress website development and customization
- Shopify e-commerce store setup and design
- Custom HTML/CSS/JavaScript programming
- Website maintenance and technical support
- Performance optimization and security enhancements
- Domain and hosting consultation
Services are subject to availability and may be modified or
discontinued at our discretion with reasonable notice to existing
clients.
3. Service Agreement and Project Terms
Each project will be governed by a separate Project Agreement that
outlines:
-
Scope of Work: Detailed description of
deliverables, features, and functionalities
-
Timeline: Project milestones, deadlines, and
delivery schedule
-
Pricing: Total project cost, payment structure,
and any additional fees
-
Payment Terms: Deposit requirements, milestone
payments, and final payment conditions
-
Revision Policy: Number of included revisions
and scope change procedures
-
Acceptance Criteria: Conditions for project
completion and client acceptance
In case of conflict between these Terms and a Project Agreement,
the Project Agreement shall prevail for that specific project.
4. Payment Terms
4.1 Payment Structure:
-
Initial deposit (typically 30-50%) required to commence work
- Progress payments at agreed milestones
-
Final payment due upon project completion and before final
delivery
-
All payments must be made within 7 days of invoice date
unless otherwise agreed
4.2 Accepted Payment Methods:
- Bank transfer (SEPA/International wire)
- PayPal or other online payment platforms
- Credit/debit card (where available)
4.3 Late Payments:
Overdue payments may result in work suspension and may incur
late fees of 1.5% per month or the maximum allowed by law.
Continued non-payment may result in project termination and
legal action to recover outstanding amounts.
4.4 Refund Policy:
Deposits are non-refundable once work has commenced. Refunds
for other payments will be evaluated on a case-by-case basis
depending on work completed.
5. Intellectual Property Rights
5.1 Client Ownership:
Upon receipt of full payment, you will own all rights, title,
and interest in the final deliverables specifically created
for your project. This includes custom code, designs, and
content created by WebNova360.
5.2 WebNova360 Rights:
-
WebNova360 retains ownership of reusable code frameworks,
libraries, and methodologies
-
Right to showcase completed projects in portfolio and
marketing materials (unless confidentiality agreement
prohibits)
-
Right to use project as a case study (with client
permission)
5.3 Third-Party Components:
Projects may incorporate third-party software, plugins,
themes, or libraries subject to their respective licenses.
Client is responsible for compliance with such licenses.
5.4 Client-Provided Materials:
You warrant that you own or have necessary rights to all
content, images, and materials provided to WebNova360. You
grant WebNova360 a license to use such materials solely for
project completion.
6. Client Responsibilities
As a client, you agree to:
-
Timely Communication: Respond to requests for
information, feedback, and approvals within agreed timeframes
-
Content Provision: Provide all necessary
content, materials, images, and information in suitable formats
-
Access: Provide required access to hosting
accounts, domain registrars, and third-party services
-
Payment Obligations: Make payments according to
agreed schedule
-
Backups: Maintain your own backups of all
content and data
-
Testing: Test and review deliverables promptly
and provide feedback
-
Compliance: Ensure your use of the website
complies with all applicable laws and regulations
Delays caused by failure to meet these responsibilities may result
in project timeline extensions and potential additional fees.
7. Revisions and Scope Changes
7.1 Included Revisions:
Each Project Agreement specifies the number of revision rounds
included. Revisions must be requested within the scope of the
original project requirements.
7.2 Scope Changes:
Requests that significantly alter the original scope require a
Change Order outlining additional costs and timeline
adjustments. Work on changes begins only after approval and
payment terms are agreed.
7.3 Additional Revisions:
Revisions beyond the included number will be billed at our
standard hourly rate or as agreed in the Project Agreement.
8. Project Timeline and Delays
We strive to meet all agreed deadlines. However, timelines are
estimates and may be affected by:
-
Delays in receiving client feedback, content, or approvals
- Scope changes or additional revision requests
- Third-party service delays (hosting, domains, APIs)
- Force majeure events (natural disasters, pandemics, etc.)
- Technical complications beyond reasonable anticipation
We will communicate any anticipated delays promptly and work to
minimize impact on delivery dates.
9. Warranties and Guarantees
9.1 Service Warranty:
We warrant that services will be performed with reasonable
skill and care in accordance with industry standards. We
provide a 30-day bug-fix warranty for issues arising from our
work (excluding third-party components and hosting issues).
9.2 No Guarantee of Results:
While we strive for excellence, we do not guarantee specific
business results, search engine rankings, traffic levels, or
conversion rates. Website performance depends on many factors
outside our control.
9.3 Browser and Device Compatibility:
Websites are tested on major modern browsers and devices. We
do not guarantee compatibility with outdated browsers or
unusual device configurations unless specifically agreed.
10. Limitation of Liability
To the maximum extent permitted by law:
-
WebNova360's total liability shall not exceed the total amount
paid for the specific service giving rise to the claim
-
We are not liable for indirect, incidental, consequential, or
punitive damages including lost profits, data loss, or business
interruption
-
We are not responsible for issues arising from third-party
services, hosting providers, or client-caused problems
-
We are not liable for damages resulting from unauthorized
access, hacking, or security breaches beyond our reasonable
control
-
Claims must be brought within one (1) year of the event giving
rise to the claim
Some jurisdictions do not allow limitation of liability for
certain types of damages. In such cases, our liability is limited
to the greatest extent permitted by law.
11. Maintenance and Support
Unless separately agreed in a Maintenance Agreement:
-
Post-launch support is limited to the 30-day warranty period
-
Ongoing maintenance, updates, and support require a separate
maintenance plan
-
Client is responsible for maintaining their own hosting, domain
renewals, and third-party service subscriptions
-
Additional support is available on an hourly basis at our
standard rates
12. Termination
12.1 Client Termination:
You may terminate a project with written notice. Upon
termination, you agree to pay for all work completed up to the
termination date. Deposits and payments for completed work are
non-refundable.
12.2 WebNova360 Termination:
We may terminate a project if: (a) client fails to make
payments, (b) client breaches these Terms, (c) client behavior
is abusive or unreasonable, or (d) project becomes illegal or
impossible to complete. Refunds will be evaluated based on
work completed.
12.3 Effect of Termination:
Upon termination, we will provide work completed to date
(subject to payment). Any work-in-progress materials remain
our property until full payment is received.
13. Confidentiality
We will keep confidential any non-public information you provide,
except as necessary to complete the project or as required by law.
This obligation survives termination of our relationship. For
projects requiring enhanced confidentiality, a separate
Non-Disclosure Agreement (NDA) can be executed.
14. Third-Party Services
We may recommend or integrate third-party services (hosting,
payment processors, APIs, etc.). You are responsible for reviewing
and accepting the terms of service and privacy policies of such
third parties. We are not liable for third-party service failures
or changes.
15. Dispute Resolution
15.1 Informal Resolution:
In case of disputes, both parties agree to first attempt
good-faith informal resolution through direct communication.
15.2 Mediation:
If informal resolution fails, parties agree to attempt
mediation before pursuing litigation.
15.3 Governing Law:
These Terms are governed by the laws of Portugal. Any legal
proceedings shall be subject to the exclusive jurisdiction of
Portuguese courts, unless mandatory consumer protection laws
require otherwise.
16. Indemnification
You agree to indemnify and hold harmless WebNova360 from any
claims, damages, or expenses arising from: (a) your use of the
services, (b) your breach of these Terms, (c) content you provide,
or (d) your violation of any third-party rights.
17. Force Majeure
WebNova360 shall not be liable for any failure or delay in
performance due to circumstances beyond our reasonable control,
including natural disasters, war, terrorism, pandemic, labor
disputes, government actions, internet/hosting failures, or other
force majeure events.
18. Changes to Terms
We may update these Terms periodically. Changes will be posted on
our website with an updated "Last updated" date. Continued use of
our services after changes constitutes acceptance. Significant
changes will be communicated to active clients via email.
19. Severability
If any provision of these Terms is found to be unenforceable or
invalid, that provision will be limited or eliminated to the
minimum extent necessary, and the remaining provisions will remain
in full force and effect.
20. Entire Agreement
These Terms, together with any Project Agreement, constitute the
entire agreement between you and WebNova360 regarding our services
and supersede all prior agreements and understandings.
21. Contact Information
For questions about these Terms of Service, contact us: